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2018.11.27_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH TOWN COMMISSION WORKSHOP MINUTES Town Hall/Commission Chambers Date: November 27,2018 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida CALL TO ORDER: Mayor Feldman called the Workshop Meeting to order at 1:30 PM. PRESENT UPON ROLL CALL: Mayor Carl Feldman Vice Mayor Alysen Nila Commissioner Rhoda Zelniker Commissioner Elyse Riesa Commissioner Peggy Gossett-Seidman Town Attorney Pamala Ryan Town Manager Marshall Labadie Town Clerk Lanelda Gaskins Pledge of Allegiance: The Commission led the Pledge of Allegiance, followed by a moment of silence. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: The agenda was accepted as presented. 2. PRESENTATIONS/PROCLAMATIONS: None. 3. BOARDS AND COMMITTEES: A) Board Action Reports: 1. November 2018 B) Board Vacancies/Interviews: Code Enforcement Board—One (1) Vacancy for a Three-Year Term Town Commission Workshop Minutes Date: November 27, 2018 Page 2 of 11 Natural Resources Preservation Advisory Board — Two (2) Vacancies: One (1) Three-Year Term and One (1)Unexpired Term Ending July 2021. C) Upcoming Monthly Meetings and Events: o Light Up the Holidays Event—November 29, 2018—6:30 PM o Town Commission Regular Meeting—December 4, 2018— 1:30 PM o Public Design Workshop Ocean Boulevard (AIA) Master Plan—December 5, 2018—6 PM o Planning Board Meeting—December 12, 2018—9:30 AM o Town Commission Special Meeting— December 18, 2018— 1:30 PW 4. PROPOSED ORDINANCES AND RESOLUTIONS: Town Clerk Gaskins read the Proposed Ordinance title into the record. A) PROPOSED ORDINANCE /CODE CITATION PROCESS AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS" SECTION 1-9 "GENERAL PENALTY" BY PROVIDING FOR CRIMINAL PENALTIES FOR VIOLATIONS OF THE CODE; AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE V "BOARDS AND COMMITTEES", BY ENACTING DIVISION 5 "SUPPLEMENTAL CODE COMPLIANCE PROCEDURES", TO PROVIDE A CODE CITATION PROCESS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie presented this item. Commission Discussion: Mayor Feldman questioned the legality of this ordinance. Town Attorney Ryan mentioned that her office worked closely with Chief Hartmann and is very comfortable with this ordinance. She explained the process if someone wants to appeal the citation. They can go before the Code Enforcement Board or the Special Magistrate. Commissioner Gossett-Seidman was in favor of this ordinance, but felt the fines were too low. Commissioner Riesa was in favor of this ordinance and commented on the fact that this would help enforce all the ordinances that the Town has put in place. Commissioner Zelniker agreed that the codes need to be enforced and was in favor of this ordinance. Town Commission Workshop Minutes Date: November 27,2018 Page 3 of 11 Vice Mayor Nila agreed that it is necessary to have a code citation in place and strict enforcement of our codes. She referred to Page 2 (a) and questioned who defines "not exceeding" and what the amounts are. Town Attorney Ryan explained this section is a general penalty and a misdemeanor. It is set by statute. Vice Mayor Nila referred to Page 2 (b) "revocation of licenses or permits" and asked if they were listed as first offense, etc. Town Attorney Ryan explained how a license could be revoked. Vice Mayor Nila concurs with Commissioner Gossett-Seidman that the fees are too low. She suggested a draft be sent to the Commissioners regarding the fees for their feedback. Town Attorney Ryan will prepare the draft. Mayor Feldman questioned the Police Department's involvement in issuing code citations. Town Attorney Ryan replied that they can issue civil citations. Mayor Feldman commented on the ability of whether a police officer could enter a condominium unit if there is a code violation. He suggested the Code Enforcement Officer review this ordinance prior to adoption. Police Chief Hartmann explained they do have that ability, as long as it is consensual, and could issue a citation or issue a stop work order. The Police Department works in conjunction with code enforcement and the Building Department to ensure compliance. Vice Mayor Nila suggested there be more specific language about the pulling of permits, revoking licenses and issuing a stop work order. Mayor Feldman referred to Page 3, Section 172 (b) regarding employees or agents being designated as code enforcement officers. He was not in favor of this and commented that code enforcement should be limited to the Building Department and the Code Enforcement Officer. Town Manager Labadie provided comments regarding this section. The Town is looking to have qualified individuals doing code enforcement. Town Attorney_Ryan will make the changes to read "code officers within the Building Department or law enforcement officers". She will add "the Code Enforcement Officer has the discretion to issue a warning". She will address the comments made by the Commission. It was the consensus of the Commission that this proposed ordinance not be placed on the December 4, 2018, Regular Meeting Agenda. Town Commission Workshop Minutes Date: November 27,2018 Page 4 of 11 B) PROPOSED RESOLUTION / INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES Town Clerk Gaskins read the Proposed Resolution title into the record. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES WITH PROCEEDS OF A FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie presented this item. It was the consensus of the Commission to place this Resolution on the December 4, 2018, Regular Consent Agenda. 5. NEW BUSINESS: A) Approval of Meeting Minutes: October 30, 2018—Workshop Minutes November 1, 2018—Special Minutes November 6, 2018—Regular Minutes It was the consensus of the Commission to place all meeting minutes on the December 4, 2018, Regular Meeting Consent Agenda. B) Discussion on Transcription Services for Town Commission Meeting Minutes. Mayor Feldman questioned the cost. Town Clerk Gaskins explained the current process of transcribing minutes, which is done by a member of the staff. Commissioner Gossett-Seidman was in favor of the transcription services. Commissioner Riesa was not certain that this service was needed and questioned the cost. Commissioner Zelniker suggested the Town look into having a USB Thumb drive to record the meeting and software to translate the minutes into the computer. Town Manager Labadie explained that the Town is not legally obligated to have verbatim minutes. A synopsis of the meeting is all that is needed. Town Commission Workshop Minutes Date: November 27,2018 Page 5 of 11 There was discussion whether verbatim minutes are needed and why this had been presented to the Commission. Vice Mayor Nil a questioned the reason why this item was on the agenda. For the time being, she suggested elaborating a bit more on the minutes, which would be the most economical way to go. She was in favor of Commissioner Zelniker's suggestion and not in favor of using transcription services. It was the consensus of the Commission to have Town Manager Labadie look into other options for minutes. C) Consideration to Cancel the Town Commission Workshop Meeting on December 25, 2018,due to the Christmas Holiday. Town Clerk Gaskins presented this item. It was the consensus of the Commission to cancel the December 25, 2018 Workshop Meeting. This item will be placed on the December 4, 2018, Regular Meeting Consent Agenda. D) Consideration to Change the Town Commission Regular Meeting Date in January 2019 to Tuesday,January 8,2019 due to the New Year's Holiday. It was the consensus of the Commission to place this item on the December 4, 2018, Regular Meeting Consent Agenda. E) Approval of the Engagement Letter with Bryant, Miller, Olive, Attorneys at Law for the Bond Counsel Services related to the Ocean Walk and More Project. Town Manager Labadie presented this item. He explained this is being done through the Florida League of Cities Florida Municipal Loan process. This is the first step in the general bond counsel assistance. Vice Mayor Nila mentioned that the Financial Advisory Board has been fully vetted in this process. Town Attorney yan explained that she has reviewed this and made the necessary changes to the referendum in order for it to go to the Supervisor of Elections. Mayor Feldman questioned the initial cost of$15,000. Town Manager Labadie explained why the bond counsel needs to be involved from the very beginning and their obligation, if and when the referendum passes. Town Commission Workshop Minutes Date: November 27,2018 Page 6 of 11 It was the consensus of the Commission to place this item on the December 4, 2018, Regular Meeting Consent Agenda. F) Discussion Regarding and Environmental Specialist Consultant. Town Manager Labadie presented this item. Commission Discussion: Commissioner Gossett-Seidman was in favor of having an Environmental Consultant and provided the Town Manager with two very qualified consulting firms. Commissioner Riesa explained the reason for hiring an Environmental Specialist Consultant. This person would have the expertise in processing grants and working with members in our State Legislature who could help the Town with the beaches and drainage issues. Commissioner Zelniker provided comments about the $100,000 that was put in the budget to hire a consultant and lobbyist and mentioned the reasons why it was necessary to do so. Vice Mayor Nila commented on Highland Beach being a barrier town. She mentioned that Boca Raton and Delray Beach have their Environmentalist or Sustainability Manager who are involved in all type of environmental issues, sea level rising issues and new codes. It is important that Highland Beach move forward with hiring a consultant or full-time employee if needed. Mayor Feldman was not in favor of hiring a consultant at this time. He provided comments regarding grants received by Boca Raton and suggested Town Manager Labadie contact Boca Raton. Town Manager Labadie mentioned that the $100,000 was budgeted and he will look into this. Vice Mayor Nila explained that beach re-nourishment is not an option for grants since our beaches are private. Commissioner Gossett-Seidman provided comments about a meeting she attended in Tallahassee where she obtained the names of two (2) firms. She mentioned that she would forward the names to the Town Manager. She explained that in order to get grant money from the State, you must hire someone in Tallahassee. G) Discussion on Adding Public Comments to the Beginning of the Commission Meetings— Commissioner Zelniker. Commissioner Zelniker presented this item. She asked that the Commission reconsider reinstating our resident comments for three (3) minutes, on any topic, to the beginning of the meeting as well as keeping the comments for three (3) minutes at the end of the meeting on Town Commission Workshop Minutes Date: November 27,2018 Page 7 of 11 agenda items only. She explained the reason for this change, which involved some abusive behavior by a few residents and recommended this be on a trial basis to be sure no problems arise during these comments. Commission Discussion: Vice Mayor Nil a commented on the amount of time that was taken up by the public comments in the beginning of the meeting. The meetings are now more productive and she was uncertain as to whether or not the public comments should be reinstated at the beginning of the meeting. Commissioner Gossett-Seidman asked who would be in control of the meeting should there be some disruptive behavior. Town Attorney Ryan explained that it is up to the Chairperson to be sure there is decorum. She suggested a good compromise be at a time certain. There was discussion about what constitutes disruptive behavior. Commissioner Riesa commented on the disruptive behavior that took place at some previous meetings. She was not in favor of changing the public comments to the end of the meeting at that time. She was now in favor of Commissioner Zelniker's request and should be tried on a temporary basis. Comments should be limited to three (3) minutes and Town business only. Mayor Feldman was in favor of Commissioner Zelniker's request. Vice Mayor Nila referred to the City of St. Augustine's strict resident code for behavior and decorum, and the process that is in place. She explained that she mentioned this to Town Attorney Ryan and suggested looking into their rules regarding decorum. She asked for clarification regarding Town Attorney Ryan's compromise for a time certain on the agenda. Town Attorney Ryan explained that it would be placed on the agenda at a set time so any resident interested in speaking would know in advance when they could speak. It was the consensus of the Commission to place this item on the December 4, 2018, Regular Meeting for a vote or the December 18, 2018, Special meeting if necessary. H) Discussion to Clarify and Implement Previous and New Codes Pertaining to Demolition Permits, Fencing, Duration of Building and Demo Permits, and Parking, as requested by Residents—Commissioner Gossett-Seidman. Commissioner Gossett-Seidman introduced this item. She referred to two demolitions that were taking place in Bel Lido and requested re-enacting demolition permits to include fencing around the demolition site and letters to adjacent homeowners. Town Manager Labadie advised that the Town does require demolition permits but there is no notice provision. Town Commission Workshop Minutes Date: November 27,2018 Page 8 of 11 Town Planner Mary McKinney mentioned there have been many demolitions in Bel Lido over the past few years and a great deal of disruption to the neighborhood. There is no notice provision for demolitions. A notice provision could be put into the Construction Handbook and it could be done by Resolution. Commissioner Gossett-Seidman mentioned Chief Hartmann is working with Town Attorney Shutt on an ordinance that will provide clarification to the current codes with regard to parking. Vice Mayor Nila explained that there should be a Commission discussion prior to the Town Attorney working on the ordinance. Commissioner Gossett-Seidman questioned what is the process to establish and enactment of an ordinance. Town Attorney Ryan provided comments with regard to the process and advised issues should be discussed by the Commission providing consensus and direction to staff during public meetings. She further explained the chain of command which is Commission discussion, direct the Town Manager to follow through, and then the manager contacts the attorneys. Town Attorney yan explained the process in which the public can bring issues before the Commission. Commissioner Gossett-Seidman explained that has issues raised by residents. Commissioner Zelniker suggested she place them on the December 4, 2018, Regular Meeting for discussion. 6. MISCELLANEOUS—ITEMS LEFT OVER: None. 7. CIVILITY PLEDGE: Town Clerk Gaskins read the Pledge of Civility into the record. 8. PUBLIC COMMENTS ON AGENDA ITEMS DISCUSSED AT THIS MEETING Limited to three(3) minutes per person Esen Besen thanked Commissioner Zelniker for discussing civility at the meetings. John Boden spoke about the public participation at the meetings. Citizens should be able to speak; citizen's comments do not need a rebuttal from the Commission; the Civility Pledge should be read at the beginning of the meeting, and anyone speaking should abide by it; communications made to the Commission in public should have much more weight than communications made individually by emails, telephone calls, etc.; you should be able to get your point across in three (3) minutes. I Town Commission Workshop Minutes Date: November 27,2018 Page 9 of 11 9. REPORTS—TOWN COMMISSION: A) Commissioner Peggy Gossett-Seidman commented on the voice transcriptions and applications used by medical personnel and students that are reasonably priced. She recommended getting cost estimates and compare them to the time needed by staff to transcribe the minutes. She mentioned that Father Horgan is opening the parking lot at St Lucy Church for anyone who would like to park there on Thursday. B) Commissioner Elyse Riesa mentioned she hoped everyone had a wonderful Thanksgiving with family and friends. She very much appreciates the honor and the privilege of being a Commissioner. C) Commissioner Rhoda Zelniker provided comments about residents who cannot be at the meeting and emailed her with their comments and concerns. She received many positive comments on the repaving of the sidewalk, but residents were upset about the streets not being cleaned. She requested the Town look into having a street cleaner. She urged all the residents to join in the festivities for the Light up the Holidays event this Thursday at 6:30 PM. D) Vice Mayor Alysen A. hila mentioned there is a Florida Department of Transportation (FDOT) kickoff meeting with Dr. Kim Delaney. There is a Design Workshop on December 5, 2018 at 6:00 PM for all residents to give their input as to what they would like to see on A-I-A. She provided comments regarding the Micro Regional Collaborative Effort where several towns have come together to work on a consortium basis with Palm Beach County to put in effect certain vulnerability studies. She asked for an update on the cost of metal detectors for Town Hall. Town Manager Labadie is in the process of working on this. She commented on the positive feedback she has received regarding the outside holiday decorations. E) Mayor Carl Feldman addressed Commissioner Zelniker's comment regarding street cleaning. He explained that the residents were complaining about the blacktop marks left in the road from the paving. The Town Manager is looking into seeing what can be done. He questioned how an ordinance could be changed if a resident is unhappy with an ordinance. Town Attorney Roman explained that they could come to the Commission meeting and voice their concern. It is up to the Commission if they want to make the changes. 10. REPORTS—TOWN ATTORNEY PAMALA RYAN: Town Attorney Ryan had no comments. Town Commission Workshop Minutes Date: November 27,2018 Page 10 of 11 10. REPORTS—TOWN MANAGER MARSHALL LABADIE: Town Manager Labadie reported on the following: • He was in touch with the contractor and the track marks in the road will fade over time. They will do the best they can to clean around the driveways, and they will restripe the west side of the road. • The Public Works Director position has been posted. • The Assistant to the Town Manager position was well received. Interviews should be scheduled within the next few weeks. • Discussed interim crosswalk project, which is an accompanying project with the Ocean Walk project. He reached out to some Engineers to look at some of the plans. FDOT has been very receptive and is looking forward to working with us. • Cudos to Officer Semple and Officer Lee for doing an exemplary job in dealing with a medical emergency at the Coronado. • Light up the Holidays event is on Thursday, November 29 at 6:30 PM. Join us to help celebrate the holidays. 12. ADJOURNMENT: There being no further business Mayor Feldman called for a motion to adjourn the meeting. MOTION: Commissioner Zelniker moved to adjourn the meeting at 4:15 PM. Commissioner Riesa seconded the motion. APPROVED at the January 8, 2019 Regular Meeting. /ysen A. kjla ,Vice Mayor A,��J!'rjo-mmissi er ommi io er Town Commission Workshop Minutes Date: November 27,2018 Page 11 of 11 ATTEST: Transcribed by: Rosalie DeMartino Qanelda Gaskins, C, Da Town Clerk