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2019.03.05_TC_Minutes_RegularTOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MINUTES Town Hall / Commission Chambers Date: March 5, 2019 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida CALL TO ORDER: Mayor Zelniker called the Regular Meeting to order at 1:30 PM. PRESENT UPON ROLL CALL: Mayor Rhoda Zelniker Commissioner Elyse Riesa Commissioner Peggy Gossett -Seidman Town Attorney Pamala Ryan Town Manager Marshall Labadie Town Clerk Lanelda Gaskins MEMBER ABSENT: Vice Mayor Alysen Nila Pledge of Allegiance: The Commission led the Pledge of Allegiance, followed by a moment of silence. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Commission Donaldson asked to remove Item 6D — Proposed Resolution / Release of Unity of Title from the agenda. MOTION: Commissioner Donaldson moved to remove Item 6D — Proposed Resolution / Release of Unity of Title from the agenda and refer it to the Planning Board for consideration at their next meeting. Commissioner Riesa seconded the motion. UPON ROLL CALL: Commissioner Donaldson - Yes Commissioner Riesa - Yes Commissioner Gossett -Seidman - No Mayor Zelniker - Yes Motion passed on a 3 to 1 vote with Commissioner Gossett -Seidman dissenting. Town Commission Regular Minutes Date: March 5, 2019 Page 2 of 14 The agenda was accepted as amended. 2. CIVILITY PLEDGE: 3. PUBLIC COMMENTS: Michael Rothenberg explained that he and his wife bought the property at 3833 South Ocean Boulevard along with the house diagonally across the street at 3906 South Ocean Boulevard, which has a Unity of Title. He is asking the Town to release that Unity of Title in order for him to have a clear title on a piece of property that he legally owns. It is becoming very difficult for him to have FP&L turn on power. He has no intention of building multi houses on that property and is not connected with Golden City. The Planning Board and the Building Department will not do anything until the Commission releases the Unity of Title. He has the release of title from the previous landowners. The Town, by its own admission, says this is not valid. The Unity of Title cannot exist because the lots are not contiguous. Robert Patek explained the reasons why he was in favor of the referendum and the benefits it would have for the Town. The following residents spoke at the meeting and they were in opposition of the Ocean Walk and More Project/Referendum: Fred Rosen Jack Halpern Diane Barron Jane Perlow Evalyn David Jerry Wolf David Axelrod, Chairperson of the Planning Board requested the public comments go back to five minutes. He announced the Planning Board Meeting on March 14, 2019 and provided comments regarding the flooding at the Milani Park lot. Rick Greenwald Willian Weitz Alan Polin Member of the Financial AdvisorBoard spoke about the board's recommendation to postpone the referendum. He read a Facebook post by Mayor Zelniker supporting the referendum into the record, a copy that he submitted to the Commission. Sue Trumbino Dr. Kosofsy John Ross Ronald Barron Town Commission Regular Minutes Date: March 5, 2019 Page 3 of 14 4. PRESENTATIONS/PROCLAMATIONS: None. 5. BOARDS AND COMMITTEES / ANNOUNCEMENTS: Town Clerk Gaskins read each of the titles of the Boards and Committees items into the record. A) Board Vacancies: Board of Adjustment and Appeals Board — One (1) Vacancy for a Three -Year Term 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. Financial Advisory Board — One Reappointment 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. B) Upcoming Meetings and Events: Highland Beach Municipal Election Day — March 12, 2019 — 7:00 AM — 7:00 PM Planning Board Meeting — March 14, 2019 - 9:30 AM Spring Fling Community Event — March 23, 2019 — 11:00 AM - 2:00 PM Town Commission Workshop Meeting — March 26, 2019 — 1:30 PM 6. PROPOSED ORDINANCES AND RESOLUTIONS: own Clerk Gaskins read title of Item 6A 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 Commission Regular Minutes Date: March 5, 2019 4of14 Town Manager Labadie introduced this item. He explained that the number one goal is compliance and not ticket writing. Commission Discussion: Commissioner Donaldson had no comments. Commissioner Gossett -Seidman provided comments regarding the process involved for past ordinances and how and why this ordinance came about and asked the Town Manager to come up with a process for any future ordinances. She suggested tabling this ordinance, sending it back to the Town Manager for review and have him send it to the right committees to look at. She was not in favor of a criminal code enforcement level. Commissioner Riesa concurred with Commissioner Gossett -Seidman. The Commission is continuously getting ordinances without going to the proper boards first. They need to be reviewed by the different advisory boards for their comments and recommendations to the Commission and that should be part of the process. She provided comments regarding the. criminal penalties and was not in favor of this ordinance. Mayor Zelniker read an email from a resident into the record regarding tabling this ordinance because there are no safeguards in place to prevent this. His concern was new power for police officers. She was in agreement with the resident that this ordinance be tabled or take the criminal part of it out. MOTION: Commissioner Riesa moved to have the Code Enforcement Board review the proposed ordinance without the criminal penalty section and bring back to the Commission. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Commissioner Donaldson - Yes Mayor Zelniker - Yes Motion passed on a 4 to 0 vote. Town Commission Regular Minutes Date: March 5, 2019 Page 5 of 14 B. PROPOSED ORDINANCE / ON STREET PARKING Town Clerk Gaskins read the title of Item 6B into the record. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 16 "MOTOR VEHICLES AND TRAFFIC", ARTICLE I "IN GENERAL", BY MODIFYING THE CURRENT REGULATIONS AND REMOVING OUTDATED PROVISIONS AND TO ALLOW FOR ON STREET PARKING IN CERTAIN SITUATIONS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie introduced this item. He explained the changes and additions made to the ordinance. Commissioner Discussion: Commissioner Donaldson had no comments. Commissioner Gossett -Seidman was in favor of this ordinance. She suggested that the proposed ordinance be given to the Code Enforcement Board for their review and recommendations. Commissioner Riesa concurred with Commissioner Gossett -Seidman. MOTION: Commissioner Donaldson moved to approve the Propose Ordinance. The motion failed for a lack of a second. MOTION: Commissioner Riesa moved for the Code Enforcement Board to review the proposed ordinance. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Commissioner Donaldson - No Mayor Zelniker - Yes Motion passed on a 3 to 1 vote with Commissioner Donaldson dissenting. Town Commission Regular Minutes Date: March 5, 2019 Page 6 of 14 C. PROPOSED RESOLUTION / BUILDING DEPARTMENT BUDGET AMENDMENT FOR FY 2018-2019 Town Clerk Gaskins read the title of Item 6C into the record. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 18-011 R, AS AMENDED, WHICH APPROPRIATED FUNDS FOR THE 2018-2019 FISCAL YEAR BUDGET, AND PROVIDING AN EFFECTIVE DATE. MOTION: Commissioner Riesa moved to approve the Proposed Resolution. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Commissioner Donaldson - Yes Mayor Zelniker - Yes Motion carried on a 4 to 0 vote. D. PROPOSED RESOLUTION / RELEASE OF UNITY OF TITLE A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING A RELEASE OF UNITY OF TITLE FOR THE PROPERTIES LOCATED AT 3921 AND 3906 SOUTH OCEAN BOULEVARD PRESENTED TO THE TOWN BY ATTORNEY JONATHAN BLOOM, ESQ. REPRESENTING MICHAEL ROTHBERG; AND PROVIDING FOR AN EFFECTIVE DATE. (THIS ITEM WAS REMOVED FROM THE AGENDA). 7. CONSENT AGENDA: A. Approval of Meeting Minutes: January 29, 2019 — Workshop Minutes MOTION: Commissioner Gossett -Seidman moved to approve the Consent Agenda as presented. Commissioner Riesa seconded the motion, which passed unanimously. Town Commission Regular Minutes Date: March 5, 2019 Page 7 of 14 8. NEW BUSINESS: Town Clerk Gaskins read the title of Item 9A into the record. A. Nomination to Reappoint Greg Babij as a member to the Financial Advisory Board to serve a Three -Year term ending March 5, 2022. Greg Babf, Chairperson of the Financial Advisory Board (FAB) provided comments regarding his appointment to the FAB and the number of years he has served. He explained that he would very much like to continue to serve on the board. Commissioner Donaldson questioned Greg Babij regarding the Financial Advisory Board's comments about the Ocean Walk and More Project referendum not to exceed $45 million and the spending authorization process. Discussion ensued about Greg Babij's qualifications and his outstanding job on the Financial Advisory Board. MOTION: Commissioner Riesa moved to reappoint Greg Babij as a member to the Financial Advisory Board to serve a three-year term ending March 5, 2022. Commissioner Gossett - Seidman seconded the motion. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Commissioner Donaldson - Yes Mayor Zelniker r - Yes Motion carried on a 4 to 0 vote. Town Clerk Gaskins read the title of Item 8B into the record. B. Approval to Town Manager to Purchase a New Well Pump from Afton Pumps, Inc. in an amount of $60,408.00 for Well 8. MOTION: Commissioner Donaldson moved to approve the Purchase of a New Well Pump from Afton Pumps, Inc. Commissioner Riesa seconded the motion. UPON ROLL CALL: Commissioner Donaldson - Yes Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion passed on a 4 to 0 vote. Town Commission Regular Minutes Date: March 5, 2019 8of14 9. MISCELLANEOUS — ITEMS LEFT OVER: Town Clerk Gaskins read the title of Item 9A into the record. A Discussion on Town Commission Assignments and Responsibilities Pursuant to Resolution No. 19-008 R. Town Manager Labadie introduced this item. He mentioned there was an assignment before the Commission requested by Commissioner Gossett -Seidman to participate in Palm Beach Days in Tallahassee and will speak with our legislators. Commissioner Riesa questioned a previous assignment by Vice Mayor Nila. She mentioned that at the last meeting any assignments that any Commissioner had been working on prior to this meeting be null and void. The only one that should be considered is Commissioner Gossett- Seidman's assignment that has been presented today. The Commission was in agreement. MOTION: Commissioner Donaldson moved to approve Commissioner Gossett-Seidman's assignment. Commissioner Riesa seconded the motion. Commissioner Gossett -Seidman explained that she will have a full report and will present it at the next workshop meeting. UPON ROLL CALL: Commissioner Donaldson - Yes Commissioner Riesa - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion passed on a 4 to 0 vote. 10. CIVILITY PLEDGE: Town Clerk Gaskins read the Pledge of Civility into the record. 11. PUBLIC COMMENTS ON AGENDA ITEMS ONLY: Tim Bumich provided comments regarding the Chairperson having the ability to call a meeting and asked the Commission to reinstate the Chairperson of all the advisory boards to be able to call a meeting. David Axelrod concurred with Tim Burnich's comments. He requested the Commissioners respond to questions asked during the public comments during their reports. He questioned why the Unity of Title is going to the Planning Board. Town Commission Regular Minutes Date: March 5, 2019 Page 9 of 14 Michael Rothberg questioned why three of the four proposed resolutions presented today were tabled. He provided comments regarding his request to release the Unity of Title on his property located at 3906 South Ocean Boulevard. Steven Parks provided remarks about the Ocean Walk and More and why the residents were not given more information. William Weitz provided comments regarding ordinances and the advisory boards that were not considered in making decisions as to what should be placed in the ordinances. Alan Polin provided comments about the recent Financial Advisory Board meeting whereby the members passed a final recommendation, which was an absolute "no" on all three of the referendum items. The FAB requested that the minutes of that meeting be posted on the website and questioned why they have not been posted to date. He asked Town Attorney Ryan about the first and second readings of an ordinance and why they are not open for the public to speak at the time of the reading and not at the public comments portion of the meeting. Town Attorney Ryan explained that on any zoning matters, it is a public hearing on first and second readings. Neither of the ordinances presented today are zoning matters. They are both on first readings, which makes them not public hearings. They would have been public hearings on second reading. If you have a land use issue, it is a public hearing on first and second reading. Dr. Sokofsv questioned why he has not gotten an answer to his question regarding who is in charge of enforcing ethics pledge and enforcing there are not conflict of interest what is going to be a Town project and perhaps a personal project. Town Attorney Ryan replied to the question as it relates to ethics. She explained that there is a local Palm Beach County Commission on Ethics and that anyone can submit questions to that agency. They have a website and they will reply to your questions. There is also the Palm Beach County General Inspector's Office. Dr. Sokofsv asked Town Attorney Ryan if she or the Town Manager were aware of something that was done extra -legal by any of the Commissioners, would you report it or not. Town Attorney did not answer the question. Town Manager Labadie replied that as a member of the International City Management Association of Florida, if something is truly illegal that is happening, I have a right to report that to either Palm Beach County or the State. Jack Halpern addressed the latest newsletter from the Political Action Committee from Commissioner Donaldson, which has information in it that only he had privy to as a Commissioner. This was emailed to the Town Manager and Town Attorney. He read the ethics pledge from Palm Beach County. Commissioner Donaldson used this information to get support for his bond issue through the Political Action Committee. Mr. Halpern requested that this be brought to the attention of the Palm Beach County Ethics Board. It is a clear violation. They are no longer needed. He requested the following information from the Town Manager: o Cancel the contract with Captec and Treasure Coast immediately. They are no longer needed. o Update us on the violations of the Stormwater Act passed in 2000 and where we are on the violations of the stormwater on the big homes on the east side of AIA. Town Commission Regular Minutes Date: March 5, 2019 Page 10 of 14 o Can we move forward immediately after this election and hire a qualified engineering firm where the Commissioners are not involved in that hiring but using advisory board members to pick the firm. o Go forward to look at a plan that will address ponding problems after we have gone forward with the violations on these homes along A 1 A that are putting all their runoff onto A 1 A o Meet with FDOT and negotiate a solution that works for this Town and not other people and also to go forward after we told them no twice to have the swales redone as they said they would do. Mr. Halpern questioned Vice Mayor Nila doing a private public partnership in a confidential manner on our beaches. He requested the names of the people she is meeting with and asked the Attorney if they are allowed to have confidential things on this Commission that are not HR related. Town Attorney Ryan replied that there is no such this as anything confidential when you are in public office. I will speak for Vice Mayor Nila who advised me that there were no meetings. This was something that was being done for the future. Mr. Halpern read a statement by Vice Mayor Nila that said she was working on it with a resident in Town and he asked for the name of the member she is working with here in Town. Sue Trumbino asked if the Town Attorney works for the Commission. Town Attorney Ryan replied that she works for the Commission. Ms. Trumbino explained that the people, the taxpayers pay her salary and she works for the residents as well. Mayor Zelniker replied that everything the Commission does is public record. Janet Freidman provided comments regarding the Law Office of Torcivia, Donlon, Goddeau & Ansay. Pam Westberg mentioned that she noticed Town Attorney Ryan answers when she chooses to do SO. Michael Rothberg explained that the reason the Town will not release the Unity of Title is due to the fact that the Town Attorney will not sign off on it. He provided comments regarding the ownership of his property, the history of the Unity of Title and the process he has gone through to get to this point. Commissioner Gossett -Seidman asked why it came to the Commission and why they are not allowing the dissolution of the Unity of Title. She suggested contacting the previous Town Attorney, Tom Sliney who was present in 1998. MOTION: Commissioner Riesa moved to reconsider this issue. No action were taken, therefore the motion failed for a lack of a second. Town Commission Regular Minutes Date: March 5, 2019 Page 11 of 14 Mayor Zelniker asked Mr. Rothberg what his intentions are for this property. Mr. Rothberg replied that he would like to build a small single-family residence. There is a dock on that property that cannot be used because FP&L will not turn on the electric. He asked the Town to call FP&L and have them turn on the electric. The Building Department will not do it. The permits for this dock were approved for the previous owner to do the electrical work. Town Manager Labadie explained that there was an impasse on the conditions of the agreement because if we break the Unity of Title, you create an illegal lot and an illegal accessory structure. In order to maintain that, we would enter into an agreement that within 30 months he would build a single-family home. In so developing this agreement, there was a series of conditions that the attorneys were going back and forth on. The motion earlier was for this to go to the Planning Board because there may be some concern of what that future use is and to be sure, it was consistent with the Master Plan. Commissioner Donaldson asked if as long as we are in session, do we have the ability to reconsider an issue at the same meeting. Town Attorney Ryan commented on not allowing the staff to make a presentation before allowing Mr. Rothberg to speak. There is nothing that staff would put forth that was not in the best interest of the Town. There was a presentation that was available to be discussed. There is no way that this Commission can understand everything going on by listening to Mr. Rothberg. Staff has left for the day. Commissioner Donaldson explained that even though we do not have the presentation from staff, we do have their recommendation. MOTION: Commissioner Donaldson moved to reconsider this issue regarding the Release of Unity of Title. Town Manager Labadie reviewed the recommendation and the conditions from staff. The Unity of Title is given when two properties are adjacent or across from one another. These two properties are neither. Mr. Rothberg was asked for a $10,000 cash bond to ensure the Town that he would comply with the condition that he build a single-family residence within 30 months. Discussion ensued regarding the two parts of the impasse. Alan Polin agrees there is an impasse. He provided comments regarding the property in question and explained that if the Unity of Title is dissolved; it would free up this particle Intracoastal located property. That property is contiguous to several other vacant properties and could enable Mr. Rothberg to sell that lot, which is zoned multi -family, to an entity who could assemble these lots and build high rises. Mr. Polin lives in the community just south of that parcel and is very concerned; especially since Mr. Rothberg is reluctant to post a surety bond of $10,000, which he suggested should be more like $100,000. He is firmly against this at this point and support the pro -active nature of the Town Manager and Town Attorney. Commissioner Donaldson withdrew his motion. Town Commission Regular Minutes Date: March 5, 2019 Page 12 of 14 12. REPORTS — TOWN COMMISSION: A) Commissioner Barry Donaldson had no report. B) Commissioner Peggy Gossett -Seidman commented on the Board of Adjustment and Appeals, which needs to be strengthened and unified. There needs to be checks and balances. She asked that the Town Manager look at the boards and the structure just as he is with the process and recommend to the Commission the right methods in getting these ordinances and other issues handled. She still maintains that Treasure Coast Planning Council be fired. The last Charter review was in 2010 and in 2020; we will need to have a Charter review. Very board needs to work with the Commission and make their recommendations. She asked that the Town Manager come up with a plan that everyone is reasonably happy with. C) Commissioner Elyse Riesa provided comments regarding the referendum and the presentations by the Treasure Coast Planning Council. It is important to have all the facts. Regardless of the outcome, this Commission must remain civil. This Commission works very hard to do the right thing. She explained that the attorney is hired or fired by the Commission and supports and represents the Town but does not represent an individual Commissioner. If an individual Commissioner did something inappropriate, she would not be protecting that Commissioner. D) Vice Mayor Alysen A. Nila was absent. E) Mayor Rhoda Zelniker addressed a comment made by Alan Polin regarding a Facebook posting. She explained that she is technically challenged and would not be able to do that. Someone opened up two accounts in her name and the reason she knew this was because she uses her middle name. Before Barry Donaldson was appointed Commissioner, this Commission appointed the Vice Mayor as the point person for FDOT using Treasure Coast Regional Planning Council to help identify the project that could be undertaken to improve the infrastructure of the Town. The referendum vote is in three parts and each Commissioner voted to place the referendum on the ballot. Each registered voter has the right to vote — Yes or No. 13. REPORTS — TOWN ATTORNEY PAMALA RYAN: Town Attorney Ryan explained that under the Florida Bar, we have certain rules. If an elected official or any employee is doing something illegal that, we know about, we have an obligation to report that. What she does not have an obligation to report are issues that members of the public feel are illegal. If you have something you feel is illegal, you have an obligation to report that to the State Attorney's office or to this board. Ethical issues are not legal issues. She provided comments regarding working for the residents and the amount of emails she receives. It is not feasibly or monetarily possible to respond to each one. If a member of the public calls her, she will refer it to the Town Manager and he will let her know if she should respond. She works for the Commission and she works for the public indirectly. She takes direction from the Commission and explained the process of placing ordinances on the agenda. Town Commission Regular Minutes Date: March 5, 2019 Page 13 of 14 Discussion ensued with the residents regarding the process and the hiring of Treasure Coast Regional Planning Council who represents all of Palm Beach County. 14. REPORTS — TOWN MANAGER MARSHALL LABADIE: Town Manager Labadie reported on the following: 1. Cross Walk Lighting Project — He has been in contact with Keith and Schnars who is working to give us a professional quote based on the task necessary to get our interim cross walk project in place. They have provided a tentative statement. From there the Town will be allowed to enter a task order and then they can move forward with the engineering services and working with the Florida Department of Transportation (FDOT). 2. Captec is hired by Treasure Coast. Treasure Coast is a quasi -governmental agency and governed by Consultant's Competitive Negotiation Act (CCNA), which is how the Town procures services in the State of Florida. Captec has to give Treasure Coast a proposal for their task order and that is how they built their proposal to us. We have paid about 60% of our Treasure Coast Council contract. No matter what happens, we need to build a relationship with FDOT. Captec did reach out to FDOT and asked them basic questions. Town Manager Labadie reached out to Scott Peterson, Project Manager at FDOT and clarified the statements put into the email he gave to all Commissioners on rebuilding what is that base line. He is going to FDOT and rebuild this relationship and understand what that base line is. 3. Administrative Day on March 12th, which is Election Day. Nonessential personnel will not be at Town Hall. 4. Recognition to the Town of Highland Beach Police Officers Reissi, Kaplan and Miller for their professionalism and helping residents in the Town. 5. The meeting scheduled for March 6th has been postponed. 6. There will be a time out on ordinances for a short period of time while we work out some policies and procedures. Town Commission Regular Minutes Date: March 5, 2019 Page 14 of 14 15. ADJOURNMENT: There being no further business, Mayor Zelniker called for a motion to adjourn the Regular Meeting. MOTION: Commissioner Riesa moved to adjourn the meeting at 4:50 PM. Commissioner Gossett -Seidman seconded the motion, which passed unanimously. APPROVED at the April 2, 2019 Regular Meeting. Transcribed by:, Rosalie DeMartino 9 Pate