2021.11.09_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING MINUTES
Town Hall / Commission Chambers Date: November 09, 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. ROLL CALL
Commissioner John Shoemaker
Commissioner Evalyn David
Commissioner Peggy Gossett -Seidman
Vice Mayor Natasha Moore
Mayor Douglas Hillman
Town Attorney Glen Torcivia
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
Town Manager Labadie added a discussion about the American Rescue Plan Dollars
and the Town Attorney Torcivia's legal review as Item 11.17. under New Business.
Mayor Hillman removed Item 11.A., Resolution No. 2021-037 from the agenda. The
resolution will be on the November 16, 2021, Town Commission agenda.
MOTION: David/Moore - To approve the agenda as amended.
The motion passed unanimously on a 5 to 0 vote.
5. PRESENTATIONS / PROCLAMATIONS
A. None.
Town Commission Meeting Minutes
Date: November 09, 2021 Page 2 of 6
6. PUBLIC COMMENTS
Mayor Hillman called for public comments. Town Clerk Gaskins stated that there were
no public comments.
7. ANNOUNCEMENTS
Mayor Hillman read the announcements as follows:
Board Vacancies
Code Enforcement Board - One vacancy for a three-year term
Meetings and Events
November 10, 2021 - 9.30 A.M. Planning Board Regular Meeting
November 11, 2021 - Town Hall Closed in Observance of Veterans Day
November 16, 2021 - 1:30 P.M. Town Commission Meeting
Board Action Report
None.
8. ORDINANCES
A. Proposed Ordinance
An Ordinance of the Town of Highland Beach, Florida, amending the code of ordinances,
Chapter 12 "Construction Sites," Chapter 25 "Streets, Sidewalks and Bicycle/Walkway
Paths," Chapter 28 "Xeriscape-landscape requirements, installation, and maintenance"
and Chapter 30, "Zoning Code," to allow for certain improvements and to provide
protection of swales located within the public right-of-way.
Mayor Hillman read the title of the Proposed Ordinance
Commissioner Shoemaker introduced this item.
Town Planner Allen clarified that the proposed ordinance is the same ordinance reviewed
by the Town Commission at the October 19 meeting. She explained that a resolution was
added with the agenda item today. The resolution requires the Town Commission to
review and approve right-of-way permits for construction of improvements or replacement
of trees in new locations within the State Road A1A right-of-way until the RRR project is
completed.
MOTION: Shoemaker/Hillman - To approve Item 8A, the Proposed Ordinance.
The Proposed Ordinance passed unanimously on a 5 to 0 vote.
Town Commission Meeting Minutes
Date: November 09, 2021
Page 3 of 6
9. CONSENT AGENDA
A. None.
10. UNFINISHED BUSINESS
A. None.
11. NEW BUSINESS
A. Resolution No. 2021-037 / Election Results
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
declaring the results of the Special Election held on November 02, 2021; providing
an effective date; and for other purposes.
Resolution No. 2021-037 was removed from the agenda
B. Resolution No. 2021-038 / Marine Patrol Unit
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
amending Resolution No. 2021-028, which appropriated funds for the 2021-2022
fiscal year budget and providing an effective date.
1. Continued discussion on the Marine Patrol Unit.
Town Manager Labadie presented this item.
Chief of Police Craig Hartmann provided comments related to the establishment of the
Police Marine Patrol Unit.
MOTION: David/Gossett-Seidman - To approve Resolution No. 2021-038 as
presented.
Resolution No. 2021-038 passed unanimously on a 5 to 0 vote.
C. Resolution No. 2021-039 / Building Department Vehicle
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
amending Resolution No. 2021-028, which appropriated funds for the 2021-2022
fiscal year budget, and providing an effective date.
Town Manager Labadie presented this item.
MOTION: David/Gossett-Seidman - To approve Resolution No. 2021-039 as
presented.
Resolution No. 2021-039 passed unanimously on a 5 to 0 vote.
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Date: November 09, 2021 Page 4 of 6
D. Resolution No. 2021-040 / Building Insurance
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
amending Resolution No. 2021-028, which appropriated funds for the 2021-2022
fiscal year, and providing an effective date.
Town Manager Labadie presented this item.
MOTION: David/Moore - To approve Resolution No. 2021-040.
Resolution No. 2021-040 passed unanimously on a 5 to 0 vote.
E. Approve and authorize the Mayor to sign an agreement with Shenandoah
Construction Inc. for the amount of $75,070.00 to relocate the storm drain pipe
located between 4314 and 4308 Tranquility Drive.
Public Works Director Pat Roman presented this item.
MOTION: David/Gossett-Seidman - To approve and authorize the Mayor to sign an
agreement with Shenandoah Construction Inc. for the amount of
$75,070.00 to relocate the storm drain pipe located between 4314 and 4308
Tranquility Drive.
The motion passed unanimously on a 5 to 0 vote.
F. Discussion of the American Rescue Plan Act and Town Attorney Torcivia legal
review. (This item was added to the agenda)
Town Manager Labadie explained that the Town had received funding from the Federal
Government under the American Rescue Act. He indicated that he asked the Town
Attorney, if the funding limitation in the Town's Charter would apply to the use of the funds,
if the funds were earmarked for as specific purpose such as water and sewer lines. The
Town would not pledge ad valorem taxes to pay for the project.
Town Attorney Torcivia replied that it does not because the language in the Town's
Charter exempts natural catastrophes. He mentioned that COVID-19 is a natural
catastrophe. He explained that the American Rescue Plan and the Treasury regulations
clarified that the funds can be used for projects such as water and sewer lines.
Town Attorney Torcivia will provide a written opinion at the next Town Commission
meeting.
12. TOWN COMMISSION COMMENTS
Commissioner John Shoemaker thanked Mr. Richard Pollack, a Coastal Star Reporter,
for reporting on Highland Beach. He spoke about the November 2 Election Day and
thanked the residents for their support. He inquired about the forensic audit information.
Town Manager Labadie talked about the forensic audit information and mentioned that
the Forensic Auditors had submitted an independent request to Delray Beach.
Town Commission Meeting Minutes
Date: November 09, 2021 Page 5 of 6
Commissioner Evalyn David thanked the residents for voting and supporting the Town
Commission.
Commissioner Peggy Gossett -Seidman spoke about the following:
• Three months are exceeding the statutory requirements related to a public records
request.
• She thanked Father Horgan and St. Lucy Catholic Church for offering their parish hall
as a voting site.
• She spoke about her speaking engagement at a CCW meeting in August.
• She attended the Elected Women Officials meeting two weeks ago in Naples. She
indicated that United States Senator Rick Scott, Jimmy Patronis, Florida Chief
Financial Officer, and United States Congressman Michael Waltz attended the
meeting.
Vice Mayor Natasha Moore thanked everyone for voting. She commented about the City
of Delray Beach's budget related to the additional personnel costs. Town Manager
Labadie explained that Delray Beach revised its budget. However, he has to speak with
the Delray Beach City Manager about their revised budget.
Mayor Douglas Hillman expressed condolences to Father Horgan on behalf of the Town
of Highland Beach regarding the loss of his friend. He mentioned that he will be attending
the service on November 11. Mr. Hillman thanked everyone for their effort and time
related to the November 2 Election Day.
13. TOWN ATTORNEY'S REPORT
Town Attorney Torcivia had nothing to report.
14. TOWN MANAGER'S REPORT
Town Manager Labadie provided an update on the following:
• The progress of the Fire Rescue project:
o He and Chief of Police Hartmann met with the Architect.
o He is making progress with the Palm Beach County Fire Rescue for dispatch
services, and an agreement is forthcoming.
o The internal consultant team has wrapped up 75% of the medical protocols
related to EMS response.
o In December, he will present a presentation to the Town Commission to discuss
the types of EMS response vehicles for the Town.
o The Town received commitments from Palm Beach County, and they are
supportive of the Town obtaining the COCPN (Certificate of Public Convenience
and Necessity) license via a pilot program.
o Florida House of Representative Michael Caruso's office found other options for
the Town if the pilot program does not work.
o In January, he will contact the state legislator about obtaining appropriations to
help subsidize the fire station.
Town Commission Meeting Minutes
Date: November 09, 2021
Page 6 of 6
There was a discussion about Palm Beach County supporting the Town and their process
regarding this matter related to the COCPN. In addition, there was a discussion about
updating the residents quarterly about the fire -rescue plan. In addition, there was a
discussion about updating the residents quarterly about the fire -rescue plan.
15. ADJOURNMENT
The meeting adjourned at 3.18 P.M.
APPROVED on December 07, 2021, Town Commission Meeting.
ATTEST
LanAda Gaskins, M C
Town Clerk
Transcribed by Ganelle Thompson
Administrative Support Specialist
and
Lanelda Gaskins, Town Clerk
i/_
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: https://highlandbeach-fl.municodemeetings.com/.