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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. Town Commission Meeting Minutes 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/.