2023.05.23_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
TOWN COMMISSION SPECIAL MEETING
a MINUTES
LIBRARY COMMUNITY ROOM, Date: May 23, 2023
3618 S. OCEAN BLVD., Time: 1:30 PM
HIGHLAND BEACH, FL
1. CALL TO ORDER
Mayor Moore called the meeting to order at 1:30 P.M.
2. ROLL CALL
Commissioner Judith Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Vice Mayor David Stern
Mayor Natasha Moore
Town Manager Marshall Labadie
Town Attorney Glen Torcivia
Town Clerk Lanelda Gaskins
3. PLEDGE OF ALLEGIANCE
The Town Commission led the Pledge of Allegiance to the United States of
America.
4. APPROVAL OF THE AGENDA
MOTION: David/Stern - Moved to approve the agenda as presented, which passed
unanimously 5 to 0.
5. PUBLIC COMMENTS (NON -AGENDA ITEMS ONLY)
There were no public comments.
Town Commission Special Meeting Minutes
Date: May 23, 2023 Page 2 of 8
6. ORDINANCE
A. Proposed Ordinance
An Ordinance of the Town Commission of the Town of Highland Beach,
Florida, amending Section 4-8 "Lighting Restrictions for Protection of Sea
Turtles" and Section 30-85 "Coastal Lighting" of the Town Code of
Ordinances to incorporate lighting regulations for new and existing coastal
structures in order to minimize the affect of artificial light on sea turtle
populations; providing for the repeal of all ordinances in conflict; providing
for severability and codification; and providing an effective date.
Mayor Moore read the title of the proposed ordinance.
Town Manager Labadie introduced this item.
Town Planner Allen presented this item along with a PowerPoint Presentation on
the proposed sea turtle protection lighting standards (source: Florida Fish and
Wild Life Commission. The presentation highlighted the unshielded and shielded
bulb, long wavelength light, additional examples of turtle friendly lighting with wall
fixtures, pole fixtures, bulbs, walkway fixtures (FWC certified wildlife lighting
standards).
She also presented the proposed language changes previously suggested by the
Town Commission at the April 4, 2023 meeting. The language changes were as
follows:
Sec. 4-8(e), Standards for exterior and interior lighting affixed to new structures,
new construction and improvements to existing structures that require a building
permit.
Sec. 4-80)(1), Existing Exterior and Interior Lighting. Upon replacement and only
if a building permit is required, the reduction or elimination of the negative effects
of existing exterior artificial lighting shall be required through the use of the
following measures (measures remains the same); and
Sec. 4-80)(2), Existing structures are encouraged to implement the following
suggested remedial measures, etcetera.
Additionally, Ms. Allen spoke about sea turtle lighting regulations for existing
exterior and interior lighting in both Palm Beach County and the City of Boca
Raton.
Mayor Moore opened the item for public comments.
Joanne Ryan, the Florida Fish and Wildlife Sea Turtle Permit Holder, spoke about
a letter that she received from the Sea Turtle Conservancy, a non-profit
organization. She also provided Town Clerk Gaskins with a brochure from the
Town Commission Special Meeting Minutes
Date: May 23, 2023
Page 3 of 8
Sea Turtle Conservancy concerning sea turtles and lighting for distribution to the
Town Commission.
There being no further comments, Mayor Moore closed public comments.
There was conversation about window shade covering, tinting, and lighting.
Commissioner David mentioned if one slider breaks, and it must be replaced then
there would be one tinted slider and one slider not tinted. There was discussion
about permit requirements for replacing a window.
Town Manager Labadie explained that there could be some additional language
related to window tint visible light transmittance.
Mayor Moore inquired about the state requirements and if the state requirements
have any impact on Highland Beach properties. Ms. Allen explained the state
requirements do not impact Highland Beach properties. Town Manager Labadie
explained that there was confusion over permitting in regard to what could be
done. There is also a need to protect the high volume of nesting sea turtles but
also balance that with the ability to still develop properties.
Mayor Moore explained that she received feedback from a condo manager of an
existing condo that amber lighting is well received by the residents and that condo
owners of that building were willing to install the 45% tint (turtle glass).
Barbara James, 3201 South Ocean Boulevard, provided comments about
window tinting.
Beverly Knight, sea turtle monitor, explained how the sea turtle program started.
Commissioner Goldberg asked that the word nighttime be clearly defined. She
inquired if Delray Sands had communicated anything about the proposed
ordinance.
Town Planner Allen replied that they have not. The ordinance is not specific to
residential properties and Delray Sands would have to comply with it. Town
Manager Labadie said he would meet with Delray Sands and get their input.
Commissioner David explained that it must be clearer as it relates to a triggering
event.
Town Planner Allen talked about existing structures and new structures. She
mentioned that changes will be made to differentiate between existing structures
making improvements versus replacement.
Next steps are to try and get a physical sample of the tint, reach out to Delray
Sands, define nighttime, and bring clarity to existing structures.
Town Commission Special Meeting Minutes
Date: May 23, 2023
Page 4 of 8
Commissioner David mentioned that she would like to know which buildings on
the west side of the road have lighting that could be seen on the beach.
Commissioner Goldberg commented on construction after dusk as it relates to
the RRR project. She also asked what the penalty would be. Town Manager
Labadie explained the penalty would go through the civil infraction process and
the Code Enforcement Board would establish the penalty.
Commissioner David asked about light dimmers. Joanne Ryan said there are a
few and mentioned that the bright white lights from the west side could be fixed
with amber lightning.
Town Planner Allen explained that the state does not have a remedial
requirement related to dimming of lighting.
7. New Business
A. Ratification of the Collective Bargaining Agreement between the Town of
Highland Beach and Palm Beach County Police Benevolent Association,
Inc. related to the law enforcement agreement effective October 1, 2023
through September 30, 2026.
Mayor Moore read the title of Item 7.A.
Town Manager Labadie presented and spoke about the agreement.
There were discussions about the fairness of the agreement, and comparable
compensation. The Town Commission was supportive of the collective
bargaining agreement with Palm Beach County Police Benevolent Association,
Inc.
MOTION: David/Stern - Moved to approve the Collective Bargaining
Agreement between the Town of Highland Beach and Palm Beach
County Police Benevolent Association Inc. Upon roll call:
Commissioner David (Yes); Vice Mayor Stern (Yes); Commissioner
Goldberg (Yes); Commissioner Peters (Yes); and Mayor Moore
(Yes). The motion carried 5 to 0.
B. Consideration of Memorandum of Understanding Between the Town of
Highland Beach and the Palm Beach County Police Benevolent
Association, Inc.
Mayor Moore read the title of Item 7B.
Town Manager Labadie presented this item.
Chief of Police Craig Hartman provided comments concerning this matter and
thanked the Town Commission for working in an agreeable fashion.
Town Commission Special Meeting Minutes
Date: May 23, 2023
Page 5 of 8
MOTION: David/Stern - Moved to approve the Memorandum of
Understanding Between the Town of Highland Beach and the Palm
Beach County Police Benevolent Association, Inc. Upon roll
call: Commissioner David (Yes); Vice Mayor Stern (Yes);
Commissioner Goldberg (Yes); Commissioner Peters (Yes); and
Mayor Moore (Yes). The motion carried 5 to 0.
C. Discussion on Update to the 2013 Beach Restoration Feasibility Study.
Town Manager Labadie explained that this is a critical strategic priority item, and
that will show the areas that need to be focused on.
Town Planner Allen explained that on November 21, 2022, the Chairperson of
the Natural Resources Preservation Board came before the Town Commission
to give an update on their educational outreach. After that Town Planner Allen
reached out to the firm that would conduct the study. There was discussion about
what the study would entail.
Mr. Douglas W. Mann, P.E., D.CE., Lead Coastal Engineer with Aptim
Environmental & Infrastructure, LLC joined the meeting via Zoom and gave
comments on the proposal cost.
Town Manager Labadie will contact Palm Beach County Environmental
Department for a future presentation and other resources.
MOTION: David/Peters - Moved to approve the Proposal for the Beach
Restoration Feasibility Study to include the Town's Standard
Addendum. Upon roll call: Commissioner David (Yes);
Commissioner Peters (Yes); Commissioner Goldberg (Yes); Vice
Mayor Stern (Yes); and Mayor Moore (Yes). The motion carried 5
to 0.
D. Sea Turtle Presentation by Joanne Ryan
Joanne Ryan, Florida Fish and Wildlife Sea Turtle Permit Holder, presented a
video of the Sea Turtle Monitoring Program. She announced that the program is
called the Highland Beach Sea Turtle Team Inc., which is a 501(c)3 non-profit
organization.
1. Consideration of $2,500 donation to Highland Beach Sea Turtle Team,
Inc.
The Town Commission was in support of donating $2,500 to the Highland Beach
Sea Turtle Team, Inc. They thanked Ms. Ryan, the organization, and volunteers
for their hard work with the sea turtle program.
Ms. Ryan explained that going forward the organization would like to participate
in future projects with the Town.
Town Commission Special Meeting Minutes
Date: May 23, 2023 Page 6 of 8
MOTION: David/ Peter - Moved to contribute $2,500 to the Highland Beach
Sea Turtle Team Inc, which passed unanimously 5 to 0.
E. Hurricane Season Presentation by Chief of Police Craig Hartmann
Chief of Police Craig Hartmann provided a PowerPoint presentation concerning
hurricane season, the impact to other areas in Florida, and spoke about
emergency operations. He encouraged the public to have a plan and be
prepared.
Commissioner David spoke about Hurricane Sandy. She encouraged the
residents to pay attention to the media during hurricane season, be prepared,
and have a to -go packet for pets. She asked what to say to those residents who
do not want to evaluate. Chief Hartmann explained that they can educate the
residents.
Commissioner Peters spoke about two bed ridden residents in his building. Chief
Hartmann explained that there is a form for that. He also explained that there is
a special needs shelter in Palm Beach County that people can preregister for.
Mayor Moore inquired about how to sign up for CodeRed. Chief Hartmann
explained anyone can sign up on the Town's website, or at Town Hall.
Vice Mayor Stern suggested including the CodeRed form in the new resident's
packet.
Chief Hartmann explained the staff deployment process for hurricanes, including
check points in and out of the jurisdiction.
8. ANNOUNCEMENTS
Mayor Moore read the announcements as follows:
May 29, 2023 Town Hall closed in observance of Memorial Day
June 06, 2023 1:30 P.M. Town Commission Meeting
9. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg had no comments.
Commissioner Donald Peters mentioned that this was a great meeting.
Commissioner Evalyn David asked Town Manager Labadie about the Fire Rescue
Update.
Town Commission Special Meeting Minutes
Date: May 23, 2023
Page 7 of 8
Town Manager Labadie gave an update on the Fire Rescue Implementation as
follows:
The recruitment process is progressing along, and the new Fire Marshall starts next
week.
Channel 99 Highland Beach TV will be out of service due to equipment relocation for
the pilings that are starting to go in.
At the next meeting there will be two resolutions on the agenda. One of the resolutions
will be to adjust the Fund Balance going from 4 to 5 million and the other resolution
will be a budget transfer to move money into the general fund.
Vice Mayor Stern met with Kate Cotner, FP&L External Affairs Manager, who gave
him an overview of services and support. He mentioned that she was meeting with
Fire Chief Joseph, and he suggested setting up an appointment with the Town
Manager to discuss opportunities for the town. He also said that the new Town
website is outstanding.
Mayor Natasha Moore agreed that the new Town website is very easy to navigate.
Town Manager Labadie spoke about the Boca Bash event and the Marine Patrol
activities related to the event. The new full-time Marine Patrol officer was recently
sworn in.
10. ADJOURNMENT
The meeting was adjourned at 3:47 P.M.
APPROVED: June 20, 2023, Town Commission Meeting.
ATTEST:
7-
0
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Natasha Moore, Mayor
Transcribed by
Jaclyn DeHart and Lanelda Gaskins
06/20/2023
Date
Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes
are transcribed as a brief summary reflecting the events of this meeting. Verbatim
Town Commission Special Meeting Minutes
Date: May 23, 2023
Page 8 of 8
audio/video recordings are permanent records and are available on the Town's Media
Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.