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2019.02.05_TC_Minutes_RegularTOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MINUTES Town Hall / Commission Chambers 3614 South Ocean Boulevard Highland Beach, Florida CALL TO ORDER: Date: February 5, 2019 Time: 1:30 PM Mayor Zelniker called the Regular Meeting to order at 1:30 PM. PRESENT UPON ROLL CALL: Mayor Rhoda Zelniker Vice Mayor Alysen Nila 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: MOTION: Commissioner Riesa moved to table the Proposed Beach Raking Ordinance, Item 6A until all the facts are established. Motion failed due to lack of a second. MOTION: Commissioner Riesa moved to have the Ocean Walk and More Project Timeline discussion, Item 8C, be placed first on the agenda in order to meet the 4:00 PM deadline to extend the referendum. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Commissioner Donaldson - Yes Vice Mayor Nila - Yes Mayor Zelniker - Yes Town Commission Regular Minutes Date: February 5, 2019 2of18 Motion passed on a 5 to 0 vote. MOTION: Commissioner Riesa moved to have the Finance Chairperson explain the summary of the finance management meeting that took place on last week and be placed on the agenda immediately following the Ocean Walk and More Project discussion. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Commissioner Donaldson - No Vice Mayor Nila - No Mayor Zelniker - No Motion failed on a 3 to 2 vote. MOTION: Mayor Zelniker moved to add "Discussion on a Proposed Resolution Regarding Adopting Commission Rules Governing Interactions with Staff, Town Attorney, Advisory Boards and Outside Agencies under new businesses," as Item 8D. Commissioner Donaldson seconded the motion. UPON ROLL CALL: Mayor Zelniker - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Commissioner Riesa - Yes Vice Mayor Nila - Yes Motion passed on a 5 to 0 vote. 2. CIVILITY PLEDGE: Town Clerk Gaskins read the Pledge of Civility into the record. 3. PUBLIC COMMENTS AND REQUESTS: The following residents spoke at the meeting and they were in opposition of the Ocean Walk and More Project/Referendum: Jack Halpern Ken Murray Jane Perlow Lou Reidenberg Dario Tertan Ilyne Mendelson Town Commission Regular Minutes Date: February 5, 2019 Paize 3 of 18 David Axelrod Evalyn David Ronald Barron Alan Polin (Provided comments regarding the financing of the project) Pam Westberg John Ross John Philip Carrie Saketkoo Dr. Kosovsky Roger Messinger Aman Moustapha Mark Zeichner Michael Kravit Mary Barron Janet Friedman Rick Greenwald Maddie Weiner Greg Babij (Provided comments regarding financing) Dorothy Klein Martin Reiss Maxine Ross Marvin Huttman (Commented, the public should have more than three minutes to talk) Robert Patek was present and is in favor of the Ocean Walk and More Project. Barbara James, Turtle Permit Holder commented on the Beach Raking Ordinance. If this ordinance passes today, tomorrow the Beach Rakers will be in violation. There is not enough time to comply with such conditions. ITEM 8C — DISCUSSION ON OCEAN WALK AND MORE PROJECT TIMELINE AND SCOPE — COMMISSIONER GOSSETT-SEIDMAN (THIS ITEM WAS MOVED TO THIS SECTION OF THE AGENDA. THE ITEM WAS FORMLLYY ITEM 8C UNDER NEW BUSINESS). Commissioner Gossett -Seidman introduced this item. Commissioner Gossett -Seidman explained that she voted to put forth the project because she was told that she had to in order to get the item placed on the referendum in order to get Florida Department of Transportation (FDOT) on board, that there was a sense of urgency and demand put forth by the Treasure Coast Planners, Town Officials and staff, and that it was mandatory in order to get on FDOT's schedule. Commissioner Gossett -Seidman provided comments regarding the Special Meeting held on December 18, 2018, stating that she was shocked with the $45 million -dollar amount and that she had a problem with it,. but would go along with the Commission because she believed in working together and that everyone was giving their best efforts. She stated that she had made a Public Records Request for all FDOT materials dating back eight years, through four Town Managers, past officials, staff and Commissioners, to find out what FDOT had discussed regarding AIA. The Town staff is working on this, but to date she Town Commission Regular Minutes Date: February 5, 2019 Page 4 of 18 had not received anything back. She mentioned that perhaps FDOT had not talked to anyone in eight years. On January 3rd, she met in private with Treasure Coast Planners Dr. Kim Delaney and Joe Capra. She advised that they did not know about the 2016 Swale Report. She questioned why the project and pricing wasn't finalized sooner, why grants weren't looked into and asked had FDOT approved any of the items on the sidewalk, but never received an answer. She advised that Resident comments had starting coming in. She advised that on January 31, 2019, she obtained a one-year extension for this project and copied the Town Manager and Town Attorney. She requested further discussion on the referendum due to Governor DeSantis establishing, by Executive Order, the Office of Resilience and Coastal Protection, which offers future funding for coastal communities to deal with sea level rise and other environmental issues, which would fit in with our plans. She stated that according to the Financial Advisory Board, the increase in taxes appear considerably higher than what is being stated. She referred to other towns who had put in underground wiring and went over budget. The Town Planner and Public Works Department were never consulted. She provided comments regarding removing the trees and replanting them and the average income of residents. She presented photos of the lot south of Town Hall and the beach in 1978 and how the building and swales had contributed to the current conditions. She addressed Dr. Delaney's presentation at the December. 18, 2018 Special Meeting. She stated that we are not under a time restraint. We can take another year. FDOT is not redoing our sidewalk, did not know we have a $45 million -dollar referendum, did not see the project and the whole report and does not have a 20 -year cycle. The cycles vary depending on the road and where it is. We are not on a FDOT schedule, and that FDOT is against raising the road. She read emails written to FDOT regarding their Resurfacing, Restoration and Rehabilitation (RRR) project, Annual Paving Testing, Repairing Swales, Bicycle and Pedestrian Safety into the record. FDOT explained that they expect a future RRR project based on the pavement survey they will be conducting in April. FDOT could start construction in the 2025 cycle. If we need more time, we can do one more year. She suggested to pull the referendum and to wait a year, which would give the Town time to hone the project and put it in a form that makes everyone a little bit happier and to ensure that our finances are put in correct order. Commissioner Donaldson provide comment that we were rushed because we were told we had a deadline. There were two deadlines. One was to get this defined up to a conceptual level and due a responsible costing and the other was to get it on a referendum. The Request for Proposal (RFP) had to be abandoned because there was not enough time. They reached out to the Treasure Coast Planning Council to assemble a team of their pre -qualified list of engineers and planners experienced in projects similar to this one. They gave presentations to the Commission and the Planning Board and received a recommendation from the Planning Board to proceed. There were two public workshops for the residents to view the conceptual plans and receive constructive critiques, which will be used in the upcoming public workshop. He explained the process that took place in order to get this on the referendum with $45 million -dollar not to exceed budget and the three project questions. He provided comments regarding the finances of the Town and the bond issuances. Commissioner Riesa provided commented that she was not in favor of the project at this time, explaining that it is wrong for the community. She read a letter that she had prepared based on the possibility of an extension into the record. Her comments were based on her researching alternatives and obtaining a one-year extension, which could only happen if the Commission votes for the extension. She provided comments regarding the financial burden that would be Town Commission Regular Minutes Date: February 5, 2019 Paye 5 of 18 placed on the residents. She is working to protect the residents and make them understand they have a choice to vote no on the referendum. Vice Mayor Nila provided comments regarding the inaccuracies that were mentioned at the meeting. One was the Swale System and explained why it does not work and that it was determined by professional engineers. She explained that the Financial Advisory Board members are not municipal bond experts and that is the reason why the Town went to a Financial Advisory and Bond Council. She stated, we are listening to experts. Everyone in this Town who is registered to vote must have the opportunity to vote. Mayor Zelniker provided comment that they have been working on this project for a very long time. The Financial Advisory Board and the Planning Board have been meeting for months and discussing this project. All the Commissioners voted for this project and no one was forced to vote any which way. She explained that she had no knowledge of any of the emails presented today by Commissioner Gossett -Seidman. There are residents in this Town that would like to see these improvements, and it would be wrong to take away their rights to vote. To all the residents, please go out and vote. MOTION: Commissioner Riesa moved to extend this for the full year knowing full well that it will take us out one extra year in implementation, but it will give us time to figure out what is the right and decent thing to do, for all our people. Commissioner Gossett -Seidman seconded the motion. Commissioner Gossett -Seidman provided comment that if we extend this, we can save it. If this fails on March 12th, that is it. FDOT will do whatever they want and we will not have a referendum. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Commissioner Donaldson - No Vice Mayor Nila - No Mayor Zelniker - No Motion failed on a 3 to 2 vote. 4. PRESENTATIONS/PROCLAMATIONS: A. Beach Maintenance Companies Town Manager Labadie introduced this item. Chip Jones, President of Beach Rakers gave a PowerPoint presentation as follows: o Municipalities and cities that they service. o Equipment used on the beach on a daily basis. Town Commission Regular Minutes Date: February 5, 2019 Page 6 of 18 o Patented Sea Rake seen on the beach on a daily basis which collects the seaweed and buries it. o Mean high water mark where seaweed collects (picture of before and after). o Why they bury seaweed. There is no beach access in Highland Beach to remove the seaweed. o Removal of seaweed is a very expensive project. o Mother nature brings the seaweed back the next day. o Cost of removal of seaweed could run about $1,000 per truck which are disposal fees. The trucks go back and forth several times generally on weight or cubic yards and at times do not make a dent in how far they go down the beach. o Not all disposal sites take seaweed. Need to find one closest to Highland Beach. o You are not permitted to remove seaweed from the beach during turtle season. o Burying seaweed creates a compost which strengthens the dune surface. o Barber surf rake is the best machine to pick up seaweed. It has a drag bar to smooth out the rake marks. o During turtle season they have a Marine Biologist on staff to track all of the nests in Broward County. It is not required in Palm Beach County. o Completing compliant with Florida Fish and Wildlife Commission. o Issues: Highland Beach has no access points; access points become very messy; seaweed removal is very expensive; we remove between 20,000 and 30,000 pounds of trash to the dump per week and the cost is absorbent to be able to do this; moving the time to 1:00 PM is a problem because at that time there are many people on the beach; especially children. Given the restrictions the Town has placed on him, it is impossible to accomplish the mission in two or three hours. It would be very expensive to the homeowners and the condos. Commissioner Riesa questioned the cost. Mr. Jones replied that it was strictly disposal of the seaweed cost. The trash is still being removed. They bury the seaweed everywhere except for the City of Key West. Commissioner Donaldson referred to a clause in the ordinance! regarding leaving seaweed at the tow of the dune. Mr. Jones explained that they are not allowed to leave the seaweed at the tow of the dune because they have to stay at least 10 feet away from the dune and that would put it in the middle of the beach. Commissioner Donaldson asked him if there is anything in the ordinance that causes issues with what he is trying to accomplish? Mr. Jones had issues with the construction ordinance. Construction goes from 8:00 AM to 5:00 PM. He has to be off the beach by 11:00 AM. They are restricted to daylight hours. 8:00 AM to 11:00 AM would work November 1St to March 1St. Outside of that, which is the heaviest seaweed season, they are restricted by the turtles, which is a 9:00 AM start. Vice Mayor Nila has issues with the deep ruts on the beach, buried garbage and needles. The Department of Environmental Protection (DEP) sent a letter to the Beach Rakers that they were not in compliance; deep ruts, buried garbage, going to close to the dunes, close to the turtle, nests, etc. It is important we keep our beaches clean and safe at all times. Clayton Peart, Universal Beach Raking Services gave a PowerPoint presentation as follows: o Municipalities they service o Equipment Used o Seaweed Removal Rake Tractor Town Commission Regular Minutes Date: February 5, 2019 Page 7 of 18 o Aluminum bed dump truck and transport trailer o All employees have Class A CDL licenses o Pictures of seaweed on a typical day and days where there is a massive amount of seaweed o Invasive and exotic plant removal from the dunes o Recycling program o Removal of boats, etc. washed up on the shore o Work with DEP and other law enforcement government agencies o Replacement of sand on the beach The window to work on between 8:00 AM to 11:00 AM is not enough time to handle the mass amounts of seaweed. The removal of the seaweed would be a cost of two to three times more to the residents compared to burying it. Commissioner Riesa commented on leaving sargassum on the beach which is helpful to the environment and eliminate erosion on the beach. She asked if there was a way to take the debris out and leave the sargassum. Mr. Peart explained that there is no machine that can do that and he does it by hand. Vice Mayor Nila provided comments regarding conditions on the beach left by the Beach Rakers such as large ruts, debris buried in the sand and going too close to the dunes. We need rules and regulations to protect our beach. Other towns have ordinances, but Highland Beach does not. Mr. Jones explained that of the 14 municipalities the Beach Rakers currently service, there are rules for time that are written in the scope of work for the contract, but there is not one city ordinance for any of the municipalities that he currently works for that is on the books. The DEP and Florida Fish and Wildlife manage the mean high-water mark. Vice Mayor Nila explained that this ordinance is mirrored after the DEP and Florida Fish and Wildlife ordinances. They indicated that it is up to the Town to monitor the beach. Mayor Zelniker questioned whether the seaweed is good or not good for the sea turtles. Barbara.. James, Turtle Permit Holder explained that the baby turtles get tangled in it. There is no true answer to the question. She provided comments regarding plastic and garbage on the beach. Residents should be encouraged to pick up after themselves. Mayor Zelniker asked if the beach rakers have the correct tires to avoid the ruts on the beach or could they get them. Mr. Peart replied he is working on it. Commissioner Donaldson asked if this ordinance was adopted in the current form, is it okay with the Beach Raking companies. Mr. Peart replied they would need a few months to comply. Mr. Jones explained that every client would have to sign a new contract because it would be a different fee for each client. Seaweed being left at the tow of the dune is not a turtle season or out of season. You cannot go within 10 feet of the dune at any season because it changes the shape of the dune. Mr. Jones explained how they clean the beach and the reason why there may be ruts in certain areas. Town Commission Regular Minutes Date: February 5, 2019 5. BOARDS AND COMMITTEES / ANNOUNCEMENTS: Page 8 of 18 Town Clerk Gaskins read each of the titles of the Boards and Committees items into the record. A) Board Vacancies/Interviews: Code Enforcement Board — One (1) Vacancy for a Three -Year Term. Natural Resources Preservation Advisory Board — Two (2) Vacancies: One (1) Three -Year Term and One (1) Unexpired Term Ending July 2021. Planning Board — One (1) vacancy for an Unexpired Term Ending May 2021 and One (1) Reappointment for a Three -Year Term. B) Upcoming Meetings and Events: Financial Advisory Board Special Meeting — February 6,2019 — 1:00 PM Natural Resource Preservation Advisory Board Meeting — February 21, 2019— 9:30 AM Town Commission Workshop Meeting — February 26, 2019 — 1:30 PM Town Hall Closed: February 18, 2019 — President's Day 6. PROPOSED ORDINANCES AND RESOLUTIONS: Town Clerk Gaskins read title of Item 6A into the record. A. PROPOSED ORDINANCE / MECHANICAL AND HAND BEACH CLEANING (SECOND READING/PUBLIC HEARING) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 59 "BEACHES AND BOATS," SECTION 5- 10, "BEACH RAKERS," OF THE TOWN CODE OF ORDINANCES BY PROVIDING REGULATIONS FOR MECHANICAL AND HAND BEACH CLEANING; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING WAS NOVEMER 69 2018) Town Manager Labadie introduced this item. The Public Hearing was opened to the public. Evalyn David asked if this regulation would be so onerous that they would not want to clean the beaches in Highland Beach. Robert Patek provided comments regarding the equipment shown at today's presentation and the conditions left on the beach. He has never seen these pieces of equipment on our beach. The Town Commission Regular Minutes Date: February 5, 2019 Page 9 of 18 debris is moved from one place to another or buried. The Town needs to resolve this and protect his property. Jack Halpern referred to the Natural Resource Preservation Board and the Code Enforcement Board meetings on October 23, 2018, where they were shown pictures of the conditions of the beach and Vice Mayor Nila's proposal. Both groups felt this was not the right approach. He commented on the report from the Biologist at Florida Atlantic University (FAU) and Barbara James, Turtle Permit Holder review of that report. If the Commission was looking for an outside review, he suggested going to Gumbo Limbo Nature Center who knows our beaches and the turtles. He was concerned about the cost. John Boden asked the Commission to table this ordinance. It needs much more input. There being no further comments, the Public Hearing was closed. Commission Discussion: Commissioner Donaldson commented on the need for enforcement. He had concerns regarding the effective date, the narrow definition of the timing and the cost and suggested delaying this ordinance. Commissioner Gossett -Seidman concurred with Commissioner Donaldson's comments. She had concerns regarding rising costs to residents. There needs to be more study on this and get a few more expert opinions. Commissioner Riesa suggested the Town Manager contact Dr. Leatherwood of Florida International University (FIU) who is considered the foremost beach expert in the nation along with someone from Gumbo Limbo as well as Barbara James to meet and talk about the ordinance. She had concerns regarding the date, the burying of the seaweed and what is being done to our residents. We are putting more and more costs of them. The most important issue right now is the ruts on the beach. She is not in favor of this proposed ordinance unless she has further input from experts and that the cost to our residents would not go up dramatically. Vice Mayor Nila provided comments regarding having no codes on the books for Code Enforcement and the DEP regulations for the Beach Rakers. She addressed the study from the Marine Biologist from FAU that showed this ordinance is well within Fish and Wildlife and DEP guidelines and does not harm the turtles. She explained that it is important to have codes and code compliance for how our beach is raked. These problems are going on every day and need to be addressed. Mayor Zelniker asked the beach raking companies if they would purchase the proper tires that would not leave the deep ruts and tire tracks on the beach, work with the Town to follow the DEP guidelines and listen to the residents' complaints regarding the starting time. Mr. Jones explained they have limitations; especially when dealing with the tides. He mentioned that they do not have any violations on record. The letter that highlighted the violations on the beach were not attributed to any particular company. Town Commission Regular Minutes Date: February 5, 2019 Page 10 of 18 Carrie Borg explained that in December and January the beach rakers were starting before daybreak and waking up her family. She requested they start at 9:00 AM. Town Attorney yan read a note into the record from Resident Diane Matthewman, who was at the meeting earlier. She was concerned that the ordinance did not seem to differentiate those who pick up trash with a bag. Town Attorney Ryan will state in the ordinance that it would not apply to those who are picking up trash by hand. Discussion ensued regarding the Town enforcing the Department of Environmental Protection (DEP) regulations. MOTION: Commissioner Donaldson moved to table this ordinance until there is adequate time to gather the information to address the issues and concerns mentioned at today's meeting. Vice Mayor Nila seconded the motion. UPON ROLL CALL: Commissioner Donaldson - Yes Vice Mayor Nila - Yes Commissioner Gossett -Seidman - Yes Commissioner Riesa - Yes Mayor Zelniker - Yes Motion passed on a 5 to 0 vote. B. PROPOSED RESOLUTION / DECLARATION OF UNITY OF TITLE A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING A DECLARATION OF UNITY OF TITLE FOR THE PROPERTIES LOCATED AT 3615 AND 3617 SOUTH OCEAN BOULEVARD PRESENTED TO THE TOWN BY DECOY INVESTMENTS, LLC; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie explained that Attorney Levine representing Decoy Investments, LLC requested that this be postponed to the next meeting due to a time constraint. MOTION: Commissioner Riesa moved to approve the Proposed Resolution / Declaration of Unity of Title. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Commissioner Donaldson - Yes Vice Mayor Nila - Yes Mayor Zelniker - Yes Motion passed on a 5 to 0 vote. Town Commission Regular Minutes Date: February 5, 2019 Paize 11 of 18 C. PROPOSED RESOLUTION / BUDGET AMENDMENT FOR FY 2018 — 2019 Town Clerk Gaskins read the title of 6C into the record. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 18-011 R WHICH APPROPRIATED FUNDS FOR THE 2018-2019 FISCAL YEAR BUDGET, AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie introduced this item. He explained that this is a balancing budget amendment where we will add some money to the revenue side and a corresponding balance for the expenditures of up to $25,000 for the engineering firms over the year. MOTION: Commissioner Riesa moved to approve Proposed Resolution / Budget Amendment for FY 2018 — 2019. Commissioner Donaldson seconded the motion. Mayor Zelniker commented on last year's reserves. Finance Director Lalla commented on the money taken from reserves to avoid a millage increase and the money taken from the reserves the previous year, for an anticipated capital expenditure which was not spent. It was returned back to the reserves. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Vice Mayor Nila - Yes Mayor Zelniker - Yes Motion passed on a 5 to 0 vote. 7. CONSENT AGENDA: A. Approval of Meeting Minutes: January 8, 2019 — Regular Minutes B. Approval to Purchase the Link Electronics Closed Captioning Encoder for Live Streaming and Broadcasting of public meetings. C. Approval of the Florida Power and Light (FPL) LED Lighting Agreement regarding Streetlight Conversion. MOTION: Commissioner Riesa moved to approve Items 7A thru 7C on the Consent Agenda as presented. Commissioner Donaldson seconded the motion. Town Commission Regular Minutes Date: February 5, 2019 Page 12 of 18 UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Vice Mayor Nila - Yes MayorLelniker - Yes Motion passed on a 5 to 0 vote. 8. NEW BUSINESS: A. Board Interviews: Talent Bank Applications: Harry Adwar — 4740 South Ocean Boulevard David Axelrod — 3740 South Ocean Boulevard 1. Nomination to Appoint Harry Adwar as a member to the Planning Board to serve an unexpired Term ending May 7, 2021. Mr. Adwar was unable to attend the meeting, but was vetted by Chairperson Axelrod. Commissioner Donaldson had a question for Mr. Adwar regarding Milani Park and asked that Mr. Adwar be present at the next meeting. Chairperson Axelrod provided comments regarding his vetting interview and explained that he does not see any conflict with Mr. Adwar being on the Planning Board with regard to Milani Park. He recommended Mr. Adwar be appointed to the Planning Board. Commissioner Donaldson withdrew his concern. 2. Nomination to Reappoint David Axelrod as a member to the Planning Board to serve a Three - Year Term ending February 5, 2022. Mr. Axelrod requested the Commission start taking some of the advice the Planning Board gives them. MOTION: Commissioner Donaldson moved to appoint Harry Adwar as a member to the Planning Board for an unexpired Term ending May 7, 2021. Commissioner Gossett - Seidman seconded the motion. Town Commission Regular Minutes Date: February 5, 2019 Page 13 of 18 UPON ROLL CALL: Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Commissioner Riesa - Yes Vice Mayor Nila - Yes Mayor Zelniker - Yes Motion passed on a 5 to 0 vote. MOTION: Commissioner Riesa moved to re -appoint David Axelrod as a member to the Planning Board for a Three -Year term ending February 5, 2022. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Commissioner Donaldson - Yes Vice Mayor Nila - Yes Mayor Zelniker - Yes Motion passed on a 5 to 0 vote. B. Approval of the Natural Resources Preservation Advisory Board Recommendations: Town Clerk Gaskins read the title of 8B into the record. 1. Earth Day Awareness at the Spring Fling Event on March 23, 2019. 2. Annual 5K Run on each Earth Day beginning Year 2020. 3. Beach Clean-up Day on Monday, April 22, 2019 (Earth Day) and Every First Day of each month going forward. Town Manager Labadie introduced these items. Katharina Baun, Member of the Natural Resource Preservation Board spoke about Earth Day and explained that the Natural Resource Preservation Board would like to have Earth Day awareness as part of Spring Fling. There would be a table set up and the members would provide flyers showing ways to keep the environment safe; especially for the turtles and marine life. The board would like to have an annual 5K walk that would be awareness for the environment in our beach community. She provided comments regarding the beach clean-up on a monthly basis. This would be difficult to organize and suggested speaking to the Beaches and Shores Club and working with them on this issue. Discussion ensued regarding the three requests made by the Natural Resource Preservation Board and the Commissioners were in full support of the board's requests. Town Commission Regular Minutes Date: February 5, 2019 14 of 18 C. , Discussion on Ocean Walk and More Project Timeline and Scope. Commissioner Gossett -Seidman. (TRIS ITEM WAS MOVED TO THE BEGINNING OF THE AGENDA AFTER PUBLIC COMMENTS). D. Discussion on a Proposed Resolution Regarding Adopting Commission Rules Governing Interaction with Staff, Town Attorney, Advisory Boards and Outside Agencies by Mayor Zelniker. Mayor Zelniker introduced this item. Town Attorney Ryan explained the reason for this proposed resolution and the concerns of the Town Manager and the Mayor. She addressed some of the main issues. Any interaction with Town staff must first go to the Town Manager before meeting with any of the staff. There needs to be more of a regimented and reliable plan with the Town Attorney and the Town Manager. It would be beneficial to have the Commission go through the Town Manager to speak to the Town Attorney to avoid any duplications from the Commissioners. Town Manager Labadie explained that. there needs to be some rules of engagement so he can help the Commission achieve some of their goals. He provided comments regarding how he can assist the Commission. Mayor Zelniker read Section 3.01 in the Town Charter regarding the role of the Town Manager. She provided comments regarding the extremely large amount of legal fees due to the telephone calls from the Commissioners to Town Attorney Ryan referencing Ocean Walk and More. If any of the Commissioners have a question, they need to go the Town Manager first. A special meeting may be called if needed. Town Attorney Ryan addressed the interaction with outside agencies. She requested a copy of the different agencies the Commissioners are dealing with. Commissioner Riesa explained that the Commission should not be dealing with the different agencies. The Town Manager should meet with the representatives and appoint one of the Commissioners to work with him and the representative from the agency. Town Manager Labadie explained that if there is an active role a Commissioner wants to be in and he needs assistance, the Commission will assign that particular individual and approve it. This is not to shut out the Commission moving forward, but to be sure that each Commissioner is authorized by the Commission to engage. Town Attorney Ryan explained that the Commission needs to made the decisions and tell the Town Manager what it is you want him to do. She read the sanctions into the record that are listed in the proposed resolution. Discussion ensued regarding FDOT and Commissioner Gossett-Seidman's letter to them regarding the possibility of a one-year extension. Town Attorney Ryan commented on the issues with FDOT at this time due to the many emails sent to them by the Commissioners. MOTION: Commissioner Gossett -Seidman moved to accept the Proposed Resolution. Commissioner Riesa seconded the motion. Town Commission Regular Minutes Date: February 5, 2019 e15of18 UPON ROLL CALL: Commissioner Gossett -Seidman - Yes Commissioner Riesa - Yes Commissioner Donaldson - Yes Vice Mayor Nila - Yes Mayor Zelniker - Yes Motion passed on a 5 to 0 vote. Discussion ensued regarding interaction with agencies. Town Attorney Ran asked that there be no interaction with any of the agencies. If a Commissioner wishes. to stay on any of the committees, the Commission needs to know why and explained the conditions involved. Town Manager Labadie commented on future agendas. If a Commissioner is assigned a project, they will have a specific report on what they are working on and what may be obligated to the beach. MOTION: Commissioner Gossett -Seidman moved to have the Town Manager take over FDOT, the Ocean Walk and More and everything that involves the Town in terms of any official agencies. Moving forward, give his monthly and bi-monthly reports at these meetings and update all the Commissioners through a joint email, so all the Commissioners are in the know. He can answer resident's questions in a timely manner. Commissioner Riesa seconded the motion. Commission Discussion: Commissioner Donaldson explained that this motion is completely redundant to what we just passed and cannot support this. This Commission just gave the Town Manager the authority we all agreed to. Vice Mayor Nila concurred. UPON ROLL CALL: Commissioner Gossett -Seidman - Yes Commissioner Riesa - Yes Commissioner Donaldson - No Vice Mayor Nila - No Mayor Zelniker - Yes Motion passed on a 3 to 0 vote with Commissioner Donaldson and Vice Mayor Nila dissenting. 9. MISCELLANEOUS — ITEMS LEFT OVER: None. Town Commission Regular Minutes Date: February 5, 2019 Page 16 of 18 10. CIVILITY PLEDGE: Town Clerk Gaskins read the Pledge of Civility into the record. 11. PUBLIC COMMENTS ON AGENDA ITEMS ONLY: John Boden made the following comment: You are the Board of Directors and he is the CEO. That is the way it works. Jack Halpern mentioned that he made a video of some of the large homes that were causing ponding on the road. This should be a code enforcement issue. The Code Enforcement Board has not met since the middle of October and suggested having a meeting and let the board take a look at it. He suggested the Commission become pro -active on Milani Park. There were 75 residents at this meeting and the reason there were not more was because of the parking. There is now a group organized in this Town against the referendum. Carrie Borg spoke with Chip Jones and he indicated to her that he had no problem all year round starting at 9:00 AM. Richard Pollack thanked the interpreters for their time and hard work this meeting. 12. REPORTS — TOWN COMMISSION: A) Commissioner Barry Donaldson — No report. B) Commissioner Peggy Gossett -Seidman — No report. C) Commissioner Elyse Riesa — No report. D) Vice Mayor Alysen A. Nila — No report. E) Mayor Rhoda Zelniker — No report. 13. REPORTS — TOWN ATTORNEY PAMALA RYAN: Town Attorney Ryan had no report. 14. REPORTS — TOWN MANAGER MARSHALL LABADIE: Town Manager Labadie had no report. 15. ADJOURNMENT: There being no further business, Mayor Zelniker adjourned the meeting at 7:00 PM. Town Commission Regular Minutes Date: February 5, 2019 Page 17 of 18 Town Commission Regular Minutes Date: February 5, 2019 APPROVED at the April 2, 2019 Regular Meeting. 18 of 18 Transcribed by: Rosalie DeMartino ate ATTEST:.. r Lan Uda Gaskins M Town Clerk 18 of 18 Transcribed by: Rosalie DeMartino ate