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2021.12.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH L50 TOWN COMMISSION MEETING MINUTES 410011, Town Hall / Commission Chambers Date: December 07, 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 The Town Commission led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA Commissioner Shoemaker added a "Presentation by the Natural Resources Preservation Board Chairperson Steven Parks on Beach Raking" as Item 5.13. Therefore, the Beach Rakers Presentation (Informational Only) became Item 5.C. under Presentations / Proclamations. Mayor Hillman added "Update on Educational Campaign for the Charter Questions" as Item 11.E., under New Business. MOTION: David/Moore - To approve the agenda as amended. The motion passed unanimously on a 5 to 0 vote. Town Commission Meeting Minutes Date: December 07, 2021 Page 2 of 10 5. PRESENTATIONS / PROCLAMATIONS A. Resolution No. 2021-036 A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying the selection, appointments, and term of office of members of the Code Enforcement Board; and providing for an effective date. Mayor Hillman read the title of Resolution No. 2021-036. Town Manager Labadie presented this item. The Town Commission interviewed Mr. James Murray and inquired about his interest to serve on the Code Enforcement Board. MOTION: David/Gossett-Seidman - To approve Resolution No. 2021-036 appointing James B. Murray to the Code Enforcement Board. Resolution No. 2021-036 was approved unanimously on a 5 to 0 vote. B. Presentation by the Natural Resources Preservation Board Chairperson Steven Parks on Beach Raking (This item was added to the agenda) Chairperson Parks presented a PowerPoint presentation and discussed beach raking on the beach, beach raking equipment, an article on the necessity of seaweed also known as sargassum on the beach, and showed a Permit issued by the Florida Department of Environmental Protection for Beach Raking. Mr. Robert Patek of 4217 South Ocean Boulevard, Highland Beach, Florida, provided comments about the beach related to dogs on the beach, nuisances, beach cleaning, and beach raking debris. Town Clerk Gaskins passed out a handout provided by Mr. Patek that included his recommendation to the Town Commission. Mayor Hillman asked that Mr. Patek consider coming back to the Town Commission at a later date to provide the rest of his comments. C. Beach Rakers Presentation (Information Only) (This item was formally 5B) Mayor Hillman read the title of Item 5.C. Town Manager Labadie explained the purpose of the item was to update the Town Commission on beach raking. Mr. Clayton Peart of Universal Beach Services, Corp., and Mr. Chip Jones of Beach Raker was present. Both of the gentlemen spoke about beach raking in Highland Beach and their equipment to rake the beach. Mayor Hillman asked that Mr. Peart and Mr. Jones figure out a way to stop leaving tire tracks on the beach. Town Commission Meeting Minutes Date: December 07, 2021 Page 3 of 10 Mr. Patek proceeded with his comments about beach raking on the beach related to trash picked up, the burial of the debris, and tire ruts caused by the beach raker's equipment. Natural Resources Preservation Advisory Board Chairperson Parks also continued with his comments about raking on the beach. Following the presentations, Mayor Hillman suggested scheduling a follow-up discussion early next year. 6. PUBLIC COMMENTS A. Mr. Jeffrey Kleiman's Email Town Clerk Gaskins read Mr. Jeffery Kleiman's email commending the Town Commission, Town Manager and Police Chief on their latest achievement related to public safety, such as the creation of the Fire and Rescue Department, the Police Marine Unit, enhanced crosswalk lighting, safety flags, public education, and the Building Recertification program. Mr. Greg Harrington of 3115 Ocean Terrace inquired about the safety of the large group of bicyclists traveling through the Town. Also, Town Manager Labadie and Chief of Police Craig Hartmann provided remarks about the bicyclists and the Town's efforts on this matter. 7. ANNOUNCEMENTS Board Vacancies Code Enforcement Board - One vacancy for an unexpired term ending September 2022 Financial Advisory Board - One vacancy for an unexpired term ending April 30, 2022 Mayor Hillman read the announcements as follows: Meetings and Events December 09, 2021 - 9.30 A.M. Planning Board Regular Meeting December 21, 2021 - 1.30 P.M. Town Commission Meeting December 24, 2021 - Town Hall Closed in Observance of the Christmas Holiday Board Action Report None. Town Commission Meeting Minutes Date: December 07, 2021 Page 4 of 10 8. ORDINANCES A. Ordinance No. 2021-012 (Second Reading/Public Hearing) An Ordinance of the Town of Commission of the Town of Highland Beach, Florida, calling for a referendum of the qualified electors of the Town of Highland Beach to be held on March 08, 2022, as to whether Section 1.06(3) of the Town of Highland Beach Charter shall be amended to increase the term limits for the positions of Mayor, Vice -Mayor and Commissioner; providing for notice and advertising of the referendum; providing for referendum canvassing; providing for severability, the repeal of laws in conflict, codification, and an effective date. (First Reading was November 09, 2021). Mayor Hillman read the title of Ordinance No. 2021-012. There were no public comments during the public hearing. MOTION: David/Moore - To approve Ordinance No. 2021-012. Based upon roll call, Ordinance No. 2021-012 was adopted unanimously on a 5 to 0 vote. B. Ordinance No. 2021-013 (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, calling for a referendum of the qualified electors of the Town of Highland Beach to be held on March 08, 2022, as to whether Section 2.01(31) of the Town of Highland Beach Charter shall be adopted to provide that the Town may not outsource, abolish, merge with, sell or otherwise transfer managerial control and decision making to any other entity, the essential services of Fire Rescue, Police or Water unless approved by a referendum vote of the electorate; providing for notice and advertising of the referendum; providing for referendum canvassing; providing for severability, the repeal of laws in conflict, codification, and an effective date. (First Reading was November 09, 2021) Mayor Hillman read the title of Ordinance No. 2021-013. There were discussions about amending the ballot summary to include the words "transfer control." It was the consensus of the Town Commission to add the language "transfer control" to the referendum ballot question. There were no public comments during the public hearing. MOTION: David/Moore - To approve Ordinance No. 2021-013, as amended. Based upon roll call, Ordinance No. 2021-013 was adopted unanimously on a 5 to 0 vote. Town Commission Meeting Minutes Date: December 07, 2021 Page 5 of 10 C. Ordinance No. 2021-014 (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, calling for a referendum of the qualified electors of the Town of Highland Beach to be held on March 08, 2022, as to whether Section 3.02(1) of the Town of Highland Beach Charter shall be amended to allow the Town Manager and Finance Director to sign checks for payment of the Town's lawful debts; providing for notice and advertising of the referendum; providing for referendum canvassing; providing for severability, the repeal of laws in conflict, codification, and an effective date. (First Reading was November 09, 2021) Mayor Hillman read the title of Ordinance No. 2021-014. There were no public comments during the public hearing. MOTION: David/Moore - To adopt Ordinance No. 2021-014. Based upon roll call, Ordinance No. 2021-014 was adopted unanimously on a 5 to 0 vote. D. Ordinance No. 2021-015 (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, calling for a referendum of the qualified electors of the Town of Highland Beach to be held on March 08, 2022, as to whether Section 3.05 of the Town of Highland Beach Charter shall be amended to provide the establishing of the salaries of the Mayor and Commissioners by ordinance; providing for notice and advertising of the referendum; providing for referendum canvassing; providing for severability, the repeal of laws in conflict, codification, and an effective date. (First Reading was November 09, 2021) Mayor Hillman read the title of Ordinance No. 2021-015. Discussion followed about including additional language to the ballot summary related to increasing the Town Commission salaries up to five percent (5%). Therefore, the language would read as follows: "shall not be increased by more than five percent (5%) per year." The public hearing was open for comments from the public. Mr. John Ross of Casuarina commented about elected officials giving themselves a salary increase and facing the voters. Town Commission discussion continued about narrowing down an exact percentage for Mayor and Commissioners salary increase. There were no further public comments, so the public hearing was closed. MOTION: David/Moore- To approve Ordinance No.2021-015 as amended Town Commission Meeting Minutes Date: December 07, 2021 Page 6 of 10 Based upon roll call, Ordinance No. 2021-015 was adopted unanimously on a 5 to 0 vote. E. Ordinance No. 2021-016 (Second Reading/Public Hearing) An Ordinance of the Town Commission of the Town of Highland Beach, Florida, calling for a referendum of the qualified electors of the Town of Highland Beach to be held on March 08, 2022, as to whether Section 3.05 of the Town of Highland Beach Charter shall be amended to revise the funding limits; providing for notice and advertising of the referendum; providing for referendum canvassing; providing for severability, the repeal of laws in conflict, codification, and an effective date. (First Reading was November 09, 2021) Mayor Hillman read the title of Ordinance No. 2021-016. There was a comprehensive discussion on whether or not there should be a concrete number to increase the funding limits or if the charter should contain a percentage. The public hearing was open for comments from the public. Mr. John Ross of Casuarina commented about this matter related to the funding limitations. There were no further public comments, so the public hearing was closed. MOTION: David/Moore - To adopt Ordinance No. 2021-016. Based upon roll call, Ordinance No. 2021-016 was adopted on a 4 to 1 vote, with Commissioner Gossett -Seidman dissenting. F. Ordinance No. 2021-018 (Second Reading/Public Hearing) An Ordinance of the Town of Highland Beach, Florida, amending the code of ordinances, Chapter 12 "Construction Sites," Chapter 25 "Streets, Sidewalks and BicycleMalkway 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. (First Reading was November 09, 2021). Mayor Hillman read the title of Ordinance No. 2021-018. Town Planner Allen presented this item. MOTION: David/Moore - To adopt Ordinance No. 2021-018 as presented. There were no public comments during the public hearing. Based upon roll call, Ordinance No. 2021-018 was adopted unanimously on a 5 to 0 vote. Town Commission Meeting Minutes Date: December 07, 2021 Page 7 of 10 1. Resolution No. 2021-041 A Resolution of the Town Commission of the Town of Highland Beach, Florida requiring Town Commission review and approval of Right -of -Way Permits for construction of improvements or placement of trees in new locations within State Road A1A right-of-way; providing for automatic repeal; and providing for an effective date. MOTION: David/Moore - To adopt Resolution No. 2021-041 as presented. There were no public comments during the public hearing. Based upon roll call, Resolution No. 2021-041 was adopted unanimously on a 5 to 0 vote. 9. CONSENT AGENDA A. None. 10. UNFINISHED BUSINESS Mayor Hillman called for a 10-minute recess at 4.10 P.M. The meeting resumed at 4:18 P. M. A. Discussion of the Fund Balance Guidelines. Vice Mayor Moore Vice Mayor Moore presented a PowerPoint presentation of the Fund Balance Guidelines. Mayor Hillman suggested that the Financial Advisory Board review the Fund Balance Guidelines, make a recommendation, and then Town staff would present it to the Town Commission in February. 11. NEW BUSINESS A. Resolution No. 2021-042 — Designating the Members to the Town's Canvassing Board A Resolution of the Town Commission of the Town of Highland Beach, Florida, calling a General Election to be held on Tuesday, March 08, 2022, for the purpose of submitting to the electorate five (5) proposed referendum questions, directing the election to be held within the municipal boundaries of the town between the hours of 7:00 a.m. until 7:00 p.m.; requesting the Palm Beach County Supervisor of Elections to conduct the Town's General Election; providing for the publication of notice of the General Election; designating the members of the town's canvassing board; and providing for severability, conflicts and an effective date. Mayor Hillman read the title of Resolution No. 2021-042. Town Commission Meeting Minutes Date: December 07, 2021 Page 8 of 10 MOTION: David/Hillman - To approve Resolution No. 2021-042 designating Vice Mayor Natasha Moore as a Highland Beach Canvassing Board member. Resolution No. 2021-042 passed unanimously on a 5 to 0 vote. B. Approve the purchase of the Fluid Watercraft marine boat in the amount of $163,799.00 for the Highland Beach Police Department Marine Patrol Unit. Mayor Hillman read the title of item 11.B. into the record. Chief of Police Hartmann introduced this item. Town Attorney Torcivia mentioned preparing a Standard Addendum Agreement for this purchase. MOTION: David/Gossett-Seidman - To approve the purchase of the Fluid Watercraft marine board in the amount of $163,799.00 for the Highland Beach Police Department Marine Patrol Unit. The motion passed unanimously on a 5 to 0 vote. C. Natural Resources Preservation Advisory Board November 03, 2021 recommendations. Mayor Hillman read the title of item 11.C. into the record. Town Planner Ingrid Allen presented and spoke about the Natural Resources Preservation Advisory Board November 03, 2021 recommendations. There were discussions about the condition of the beaches, adding more bucket trees, and how the condominiums maintain their beaches. There was also discussion on whether or not there should be an ordinance restricting tire tracks on the beach. D. Approval of Commission Meeting Minutes Mayor Hillman read the title of item 11.D. into record. November 09, 2021 Commission Meeting Minutes December 02, 2021 Commission Meeting Minutes MOTION: David/Moore - To approve the November 09, 2021 and December 02, 2021 Commission Meeting Minutes as amended. The Meeting Minutes were approved unanimously on a 5 to 0 vote. E. Update on Educational Campaign for the Charter Questions (This item was added to the agenda) Town Commission Meeting Minutes Date: December 07, 2021 Page 9 of 10 Mayor Hillman read the title of Item 11.E. Terisha Cuebas, Assistant to the Town Manager, presented a PowerPoint presentation updating the Town Commission on the nine -week educational campaign related to the Charter recommendations. 12. TOWN COMMISSION COMMENTS Commissioner John Shoemaker had no comments. Commissioner Evalyn David reminded everyone that it was Pearl Harbor Day. Commissioner Peggy Gossett -Seidman mentioned she would bring back a year-end report. Vice Mayor Natasha Moore commented that the food truck event was fun and stated that Commissioner Shoemaker's letter was well done. Mayor Douglas Hillman inquired about updates from Rubin, Turnbull & Associations, Inc. (the lobbying firm). Commissioner Gossett -Seidman explained that there are proposed redistricting which may affect the senator seat. Mayor Hillman has a speaking engagement with the Beach Condo Association and Palm Beach County Mayor Robert Weinroth at Waterstone on December 21, 2021 at 9.30 A.M. 13. TOWN ATTORNEY'S REPORT Town Attorney Torcivia had nothing to report. Town Commission Meeting Minutes Date: December 07, 2021 Page 10 of 10 14. TOWN MANAGER'S REPORT Town Manager Labadie reported the following related to the Fire and Rescue: There has been significant progress made on the project. Palm Beach County appears to be supportive of the Town. Palm Beach County Fire Rescue will provide dispatch services for the Town. Town Attorney Torcivia commented about Palm Beach County's support of the Town's fire and rescue emergency medical services (EMS). 15. ADJOURNMENT The meeting adjourned at 5.52 P.M. APPROVED on January 04, 2022, Town Commission Special Meeting. �C�`•••OR•••O i 1 ,. ATTEST. o ..o�P grF•fc<`, Douglas Mayor s 9 2; v ..•� n 1949 3= r .•� SEAL.••' ��. FLOR\ I'- --Lane da Gaskins; M'MC Town Clerk Transcribed by Ganelle Thompson Administrative Support Specialist and Lanelda Gaskins, Town Clerk P J Dote 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/.