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2019.03.26_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH TOWN COMMISSION WORKSHOP MINUTES Town Hall / Commission Chambers 3614 South Ocean Boulevard Highland Beach, Florida 1. CALL TO ORDER: Mayor Zelniker called the Workshop Meeting to order at 1:30 PM. 2. PRESENT UPON ROLL CALL: Mayor Rhoda Zelniker Commissioner Peggy Gossett -Seidman Commissioner Barry Donaldson Commissioner Evalyn David Town Attorney Pamala Ryan Town Manager Marshall Labadie Town Clerk Lanelda Gaskins MEMBER ABSENT: Vice Mayor Alysen A. Nita 3. PLEDGE OF ALLEGIANCE: Date: Mar& 26, 2019 Time: 1:30 PM The Commission led the Pledge of Allegiance, followed by a moment of silence. 4. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Town Manager Labadie moved Item 7, Pre sentation/Proclamations before Item 6, Public Comments. Town Manager Labadie added "Discussion on Vacation Rentals" as Item 10.I under New Business. Commissioner Gossett -Seidman added the following Items under New Business: "Discussion on Absences by Commissioners" as Item 10.J. "Discussion on Succession to open Commission Seats" as Item 10.K. It was the Consensus of the Commission to accept the agenda as amended. Town Commission Workshop Minutes Date: March 26, 2019 Paye 2 of 15 PRESENTATIONS/PROCLOMATIONS: (THIS ITEM WAS' MOVED BEFORE T IE PUBLIC COMMENTS). A. Certification of Recognition — Florida City and County Manager's Association. Town Manager Labadie introduced this item and explained that this year marks the 45th Anniversary of the Town of Highland Beach being recognized as a Manager/Council form of government with ICMA (International City County Manager's Association). He reported that the Florida City Management Association is here today to present the Town with recognition for this standard. He introduced Laurie LaVerriere, City Manager of the City of Boynton Beach. Laurie LaVerriere, City Manager with Boynton Beach and District Director with the Florida City and County Manager's Association presented this item. She introduced Andrea McCue, City Manager of Greenacres, Kevin Lucas, Town Manager of Jupiter and Dan Clark, Town Administrator for the Town of Lake Shores. Ms. LaVerriere presented the Town of Highland Beach a certificate celebrating Highland Beach's 45th anniversary as a Commissioner/Manager form of government. She explained the Commissioner/Management form of government and commended Marshall Labadie for his excellent work as Town Manager. She said he is highly regarded and highly respected in the local government community as a man of high integrity and very strong ethics. She offered congratulations to the Town of Highland Beach and Town Manager Labadie. 5. CIVILITY PLEDGE: Town Clerk Gaskins read the Pledge of Civility int the record. 6. PUBLIC COMMENTS: Ken Murray commented on the bicyclists and suggested lowering the speed limit for the safety of residents and bicyclists. Pamela Westberg commented on the residents who ask questions and wanted to know why their questions do not get answered. She asked if the two hidden driveway poles on AIA could be removed. She said she would like to volunteer for the Citizen's committee. William Weitz congratulated Commissioner David and thanked Elyse Riesa for her service as Commissioner. He commented on the percentage of the referendum vote that was voted down and Commissioner Donaldson's and Mayor Zelniker's appointment rather than having an election so the people could vote for their choice of candidates. He provided comments regarding the Commission micromanaging the Town rather than having the Town Manager do his job and spoke on events that took place regarding the referendum questions. John Ross asked that the public comments go back to five minutes and that the Commissioners have no more than five minutes to talk in order to speed things along. He asked for transparency Town Commission Workshop Minutes Date: March 26, 2019 e3of15 and requested that Commissioners supply records of every meeting they have had where the topic entered Town business including any present and future meetings in order to prevent any investigations that will take place. He said there should be no secret meetings and opined that all meetings with the Town Attorney, with the exception of HR matters, should be public and the notes published. He suggested the Town fire Treasure Coast, the Town Attorney, Captec and PRAG and recover the funds. Carrie Saketkoo agreed with all the comments that were voiced and provided comments regarding the previous referendum for $2 million, which was voted down, and the number of residents who voted in this election. She provided comments regarding the formal complaint filed by Commissioner Donaldson with the Florida Elections Commission against her and CSHB (Committee to Save Highland Beach) and stated that their filings were incomplete. Steven Parks commented on the referendum and the fact that the Financial Advisory Board was not consulted. Stuart Friedman provided comments regarding the referendum. Rick Greenwald provided remarks about the commission meetings and Roberts Rules of Order. He commented on the Commission/Town Manager form of government and suggested the Commission let the Town Manager and his staff do their job. He stated that the Commission needs to use the advisory boards and take their advice. He said the residents want solid consistent fiscally responsible management with well thought out and studied incremental improvements without overreach. Dorothy Klein addressed the time limit for public comments and asked that it be raised so the residents have sufficient time to speak. John Schumacher provided comments regarding the referendum. He commended Town Manager Labadie and the Police Department for the excellent job they are doing. He provided comments regarding the flooding issue and suggested putting in swales on both sides of the road, crosswalks and lighting. He said there needs to be coordination and cooperation with FDOT. He stated that the Commission needs to be sensitive to those residents who cannot afford large tax increases. Carrie Borg addressed the beach raking issue and the start time of 9:00 A.M. Dr. Peter Kosofsky mentioned he had requested that he be told which of the Commissioners are having private talks with developers and individuals and asked that it be put into the record before the election. This was not done. He provided comments regarding the money that was allocated for crosswalk lighting and the safety of the residents. Carol Stern mentioned that she has watched Commission meetings from other towns and how professional they are in conducting their meetings and how embarrassed she has been with these Commission meetings. She said that when her late husband was a Commissioner, the meetings were always civil. Town Commission Workshop Minutes Date: March 26, 2019 Pace 4 of 15 Tim Burnich voiced concern about the amount of money this Commission has wasted related to firing of Town Manager Valerie Oakes; using a search firm to hire a new Town Manager, Treasure Coast Regional Planning Council, etc. He suggested that the three Commissioners should resign. Brian Demoss congratulated Commissioner David, thanked John Ross, and stated they brought the community together and helped defeat the referendum. He said the Town Manager is the most important person to run the Town and the Commission needs to give him a chance. 7. PRESENTATIONS/PROCLAMATIONS: A. Certification of Recognition — Florida City and County Manager's Association. (THIS ITEM WAS MOVED BEFORE PUBLIC COMMENTS ON THE AGENDA). 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS: Town Clerk Gaskins read Item 8A into the record. A) Board Action Reports: David Axelrod, Chairperson of the Planning Board gave a report on March 14, 2019 Planning Board meeting and highlighted the actions/suggestions made at the meeting as follows: Proposed Resolution / Unity of Title for the properties 3921 and 3906 South Ocean Boulevard. There was a motion made recommending to the Commission that they allow the release of the Unity of Title. The motion was defeated 4 to 2. After further discussion, a new motion was to advise the Commission that this action was not within the purview of the Planning Board; it is a legal issue and that motion passed 6 to 0. Ocean Walk and More Project — After the defeat of the Bond Referendum. The first priority is the safety of our residents and we should complete the action on the crosswalks immediately. Florida Department of Transportation (FDOT) should be brought in to speak with Town Commission and the public as to what actually should be done. Flood Issues - The Planning Board suggested repairing the swales, possible dry drainage wells and correction of code violations where they have occurred. Bring in an expert who is knowledgeable with dealing with flooding issues. The sidewalks will be discussed sometime iri the future. There are no bicycle paths in the Town. Florida law states that the right-of-way must be given to bicyclists. It is necessary that the Town get bicycle paths at least four feet wide and marked accordingly. That is the job of FDOT. Town Commission Workshop Minutes Date: March 26, 2019 Page 5 of 15 There needs to be civility on the boards as well as the residents. During public comments, the public is allowed to speak for five minutes at the Planning Board meetings. The vote was 6 to 0. Town Clerk Gaskins proceeded to read Items B and C into the record. B) Board Vacancies/Interviews: 1. Board of Adjustment and Appeals Board — One (1) Vacancy for a Three -Year Term 2. Code Enforcement Board — One (1) Vacancy for a Three -Year Term 3. 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: 1. Town Commission Regular Meeting— April 2, 2019 — 1:30 PM 2. Town Commission Workshop Meeting —April 30, 2019 — 1:30 PM 9. PROPOSED ORDINANCES AND RESOLUTIONS: There were no proposed ordinances and resolutions. 10. NEW BUSINESS: Town Clerk Gaskins read items l0A thru 7K into the record. A) APPROVAL OF MEETING MINUTES: February 5, 2019 — Regular Minutes February 26, 2019 — Workshop Minutes March 5, 2019 — Regular Minutes It was the Consensus of the Commission to place Item I O.A. Approval of Minutes on the April 2, 2019 Regular Meeting Consent Agenda. B) DISCUSSION ON THE PROFESSIONAL SERVICES AGREEMENT WITH NODEO IT FOR IT -RELATED CONSULTING SERVICES. Town Manager Labadie introduced this item. He explained there are three contracts with NodeO IT for various IT services that .have been in place for approximately five years and are expired. He recommended retaining NodeOIT firm while other options are explored. He reported that NodeO IT's rate is not changing and will remain at $75.00 per hour. He said they hold certain certifications and credentials that are beneficial. He recommended that the Town maintain this service with the opportunity to take the next step and move forward. Commissioner David said he supported Town Manager Labadie's recommendation. Town Commission Workshop Minutes Date: March 26, 2019 Pace 6 of 15 Commissioner Donaldson asked if NodeO IT has its current levels of insurance in place. Town Manager Labadie replied in the affirmative. Commissioner Gossett -Seidman stated she is in favor of Town Manager Labadie's recommendation. She encouraged and demanded the IT person work more quickly to expedite public records requests, stating her request for emails has taken over two months. She said she spoke to the State Attorney's Office and the standard is be two weeks. It was the Consensus of the Commission to place this item on the Apri 12, 2019, Regular Meeting Consent Agenda. C) DISCUSSION ON CROSSWALK TASK ORDER WITH KEITH AND SCHNARS. Town Manager Labadie introduced this item and explained that he had conversations with the Florida Department of Transportation (FDOT) and is getting some assurances that they will work with the Town. He said they will determine what the final details are and share them with the Planning Board. He stated there is an element of engineering plans, drawings, and assistance that are needed. He reported that there is a task order, which allows the Town to execute off of an existing and valid professional services agreement that is currently in place. He said he expects this will allow us to get started by April 2, 2019. The task order spells out the details of what we are looking for. He explained the type of crosswalks they will be working on. He reported that FDOT is comfortable with us moving forward in some format. Commissioner David inquired about the cost and how soon the plans could be received. Town Manager Labadie replied, "Very soon." He explained that $350,000 is the total limit based on the Charter and hopes the project will be less than that amount. The original budget was $240,000 to $260,000. He said he would need approval to move forward with each of the incremental steps to make the expenditures and hopes to stay close to that. His concern is any additional costs to the ADA landings. There are eight crosswalks and this project is an upgrade to the existing crosswalks. Commissioner David asked if this could be done now or could wait until FDOT does the road. Town Manager Labadie replied that this will be done now. When FDOT comes through and does that project, there will be a minimal loss of equipment. He explained the process that would take place at that time. Commissioner Donaldson disclosed that he had worked with Keith and Schnars approximately 15 years ago and there is no benefit derived from this. Commissioner Gossett -Seidman questioned why the Town has to pay for anything being done on AIA. She read from the Charter regarding the responsibility of the Town for the roads and questioned why FDOT will not pay for the crosswalks. Town Manager Labadie explained that FDOT will do minor improvements; not the level of improvements in question. At the present time, the pedestrian crosswalks are to their general code. Any improvements above that would be the responsibility of the Town; they may do some but not all. Commissioner Gossett - Seidman asked Town Manager Labadie to talk with FDOT and have them responsible for any damage they may incur. She asked about grants. Town Commission Workshop Minutes Date: March 26, 2019 Pace 7 of 15 Mayor Zelniker explained that she has been working with John Boden and two other Town Managers on the crosswalk lighting for at least five years and have gotten nowhere. Town Manager Labadie is working on this and getting the job done. This is a safety issue. It is very difficult working with FDOT, and they will only do certain things. She provided comments regarding the repaving of the sidewalk which was done with the money from the penny sales tax. It was the Consensus of the Commission to place this item on the April 2, 2019 Regular Meeting Consent Agenda. D) Update on Beach Rakinlz Ordinance. Town Manager Labadie introduced this item and presented an update on the Beach Raking Ordinance and comments from the Natural Resource Preservation Board. The biggest issue is the removal of the sargassum seaweed and how we are going to get it all off the beach. He said he reached out to Dr. Kurt Rusenko from Gumbo Limbo who reviewed the proposed ordinance and all information related to the topic. He provided a few comments as follows: • Why the hours of operation are only 8:00 A.M. to 11:00 A.M.? • Advised beach cleaning hours are not allowed to be extended during turtle nesting season and without conditional permit. • Questioned if the statement should include traverse or shout it be clean. • Questioned if the regulation that mechanical beach cleaning shall occur only seaward of the high tide line would be in effect outside of turtle nesting season. • Advised that vegetative material cannot be left at the toe of the dune. • Development of Environmental Protection (DEP) does allow burial of debris below high tide line with permission. • Vegetative material collected is not allowed to be left at the toe of the dune. • Suggested all other material collected be replaced with "abiotic" materials. He explained that staff is currently in conversation with Dr. Stephen Leatherman (a.k.a. Dr. Beach), Professor at Florida International University, to obtain a professional opinion of the proposed ordinance. Based on preliminary discussions, Dr. Leatherman's services will cost $4,200. Commissioner David asked for a definition of "toe of the dune." Town Manager Labadie gave an explanation. Commissioner David stated he was in favor of hiring Dr. Leatherman to give his professional opinion. Commissioner Donaldson stated he was not in favor of bringing in Dr. Leatherman at this time but said he might be beneficial at a later date for other purposes such as beach restoration. Commissioner Gossett -Seidman voiced concerns regarding the beach raking and said this should not be discussed until such time that we have an access point. Sargassum is an issue and we do not know where it comes from. A good portion of it is healthy. It provides food for birds and fish. Burying some of it may work but how much is some of it. We need to concentrate on the Town Commission Workshop Minutes Date: March 26, 2019 Paye 8 of 15 plastic that is on our beaches and find a way to remove it. That is our biggest problem. She voiced that she is in favor of having Dr. Leatherman provide his professional opinion. Mayor Zelniker provided comments about the plastic and debris that is entwined in the sargassum, which is a major concern. She said she was not in favor of spending any more money at this time because there is no direct answer to the problem and no beach access to remove the seaweed and debris. Discussion ensued regarding the high tide mark, removal of the plastic and beach access. This item will come back to Commission at a future meeting for further discussion. . E) DISCUSSION OF OCEAN WALK AND MORE PROJECT AND THE NEXT STEPS. — COMMISSIONER GOSSETT-SEIDMAN/COMMISSIONER DONALDSON. 1. DISCUSSION OF ESTABLISHING A CITIZENS' COMMITTEE. — COMMISSIONER GOSSETT-SEIDMAN Commissioner Gossett -Seidman introduced this item and suggested forming a Citizens' Committee of those who are most vocal, most knowledgeable so that everyone's voices can be heard. Town Manager Labadie could send out information to all people on the email list to let us know what they would like to have said. The Town Manager and the Planning Board need to be fully involved and take the Commission out of it. When there is a plan from the Planning Board and input from this meeting and mailings then we can have a joint Planning Board and Commission meeting. She. provided comments regarding her trip to Tallahassee last year and FDOT's proposal for bike lanes and future repaving AIA and suggested letting FDOT finish the swales. She read some text messages that were provided to her by way of a pubic records request into the record that were sent between Dr. Kim Delaney of Treasure Coast Regional Planning Council and Vice Mayor Nila regarding the Ocean Walk and More project referendum. She wanted the residents to know what happens when things are done in private and requested Vice Mayor Nila give her a list and the notes of other contacts and let us know who else she talked to and what about. She stressed there needs to be transparency and truth. Commissioner Donaldson said he was in favor of forming a Citizens' Committee. He read a Sun Sentinel editorial into the record regarding the devastation that could be foreseen as the sea keeps rising and Florida must adjust. He explained that the Town need to keep an eye on the resources that might be available to help deal with this problem. He suggested the decisions made today are the important decisions. He said going forward there are some important decisions to be made and a Citizens' group is a good vehicle to start that discussion. He said we need to agree on debt levels; spending nothing versus something. We need a firm agreement on the FDOT RRR schedule. There is an offer to extend it once and we need to know what that means going forward. There needs to be experts brought in that the Citizens' Committee would like to hear from and gather information from as well as a good communication feedback. The residents will need more information and answers before they vote on any project. He provided further comments as to what agreements are needed to move forward with any of the improvements; probable cost, environmental impact; disruption caused by the improvements and we need to keep our eye on what is happening on both the State and federal level. Town Commission Workshop Minutes Date: March 26, 2019 Pace 9 of 15 Commissioner David explained that we need to sit back and regroup. We need to deal with the crosswalks, get FDOT to come in along with the Town Manager, design and deal with cleaning up the swales and flooding as mucli as we can at a reasonable cost. Then we need to stop for a minute. No more referendums; no more spending. Mayor Zelniker explained that every step of this project was discussed and voted on by the Commission. This Commission appointed Vice Mayor Nila as the point person and Treasure Coast Regional Planning Council to help identify the project. They were a lot less money than having to go outside. The Florida Municipal Loan Council is administered by the Florida League of Cities, Public Resources Advisory Group (PRAG) to assist in the enhancements of the project. Placing the three questions referendum on the ballot was voted on by the Commission. She said she was in favor of forming a Citizens' Committee and stated that climate change is going to affect everyone, and decisive action to protect the Town must be taken. Commissioner David provided comments on the fact that anything that was proposed had nothing to do with climate change and agreed that we need to be aware of what is going on. She referred to the DEP Website's recommendations to encourage water absorption and stop the flooding. She said she was in favor of Town meetings and suggested holding them in a facility that could hold a large number of people. She suggested getting written feedback from the residents for a Commission discussion. Commissioner Donaldson suggested each Commissioner independently send the Town Manager their thoughts on what form that might take, and he could bring together some consolidated sense of what that might be and where it might go moving forward with a Citizens' Committee. He said the Planning Board should be included in everything that is done. F) DISCUSSION OF OCEAN WALK AND MORE VENDOR CONTRACTS/ AGREEMENTS. Town Manager Labadie introduced this item. He explained the various contracts involved with the Ocean Walk and More project and is working towards some type of termination. Commissioner Donaldson agreed there would be no benefit in moving forward with Treasure Coast Planning Council. Regarding the other contracts, it would be appropriate to reach whatever level of acceptable compensation is good. Commissioner Gossett -Seidman mentioned that Treasure Coast was working for the Town of Highland Beach in September of 2018 without a contract. The board had not met to approve the interlocal agreement on behalf of the Council for Highland Beach and did not approve it until four days before the referendum. She inquired about the validity of the contract and wondered if it could be voided. It was the Consensus of the Commission to place the termination of the Ocean Walk and More project contracts, and to investigate whether or not the Treasure Coast Planning Council contract was valid on the April 2, 2019 Regular Meeting Agenda for discussion. Town Commission Workshop Minutes Date: March 26, 2019 Paue 10 of 15 G) DISCUSSION ON INCREASING PUBLIC COMMENTS TIME LIMIT TO FIVE MINUTES. — COMMISSIONER GOSSETT-SEIDMAN Commissioner Gossett -Seidman introduced this item. Discussion ensued about increasing public comments allowing all residents to speak for five minutes each during both public comments sections. It was the Consensus of the Commission to increase Public Comments time limit to five minutes for both public comment sections on the agenda. This item will be placed on the April 2, 2019 Regular Meeting Agenda under New Business. Town Manager Labadie explained that there was prior discussion when the Commission went to three minutes and planned to revisit the topic in two months, so we are right on the target with revisiting this matter. He said decorum rules was also discussed and was to be revisited. Commissioner David suggested letting the five minutes get going and seeing what happens. Commissioner Donaldson mentioned he thinks decorum is a necessary part of it. Commissioner Gossett -Seidman mentioned that decorum will follow and suggested five minutes on both sections of the agenda. H) TALLAHASSEE MEETING AND LEGISLATIVE SESSION UPDATE — COMMISSIONER GOSSETT-SEIDMAN Commission recessed the meeting at 4:15 P.M. The meeting resumed at 4:20 P.M. Commissioner Gossett -Seidman spoke about her recent trip to Tallahassee, Florida and showed several pictures of the old and new Capital buildings, Miami -Dade fire fighters boots representing fire fighters with cancer (a national program), State Senator Kevin Rader, Florida State Representative Michael Caruso and Governor Ron DeSantis' Deputy Chief of Staff Adrian Lukis. • State Senator Kevin Rader indicated that he would keep our concerns at hand - sea level rise, AIA, beaches, coastal resiliency and sea flooding. He recommended several grant writing companies, one which she interviewed with and the other company is known in town. She will provide Town Manager Labadie with Senator Rader's contact information. Senator Rader informed her that there is overwhelming with the amount of bills and the changing of Governors. He would love to devote more time, make appearances and hope to make time after the legislative session ends on May 3rd • Florida State Representative Michael Caruso is very interested and on top of the of"the AIA issues especially the corridor between Delray Beach and Boca Raton and will do his best to help Highland Beach get things done. Town Commission Workshop Minutes Date: March 26, 2019 Paue 11 of 15 • Met with Deputy Chief of Staff of the Governor and provided comments about the Governor establishing a Coastal Resiliency Board (CRB), which he announced on January 13th, grants that are available to help coastal cities with flooding, sea level rising, etc. The Governor Chief of Staff, mentioned that Highland Beach was the second municipality to come calling for help and Jacksonville was the first municipality. He reorganized staff to incorporate more environmentally sound personnel. The CRB would report directly to the Governor and be afflicted with the Department of Environmental Protection (DEP). They would be very interested in work with coastal cities in particular southeast Florida, north and the panhandle area which is still having issues due to the hurricane of a year ago. He will be in touch with us once they name a director and Town Manager Labadie will have all this information going forward. • Met with Senator Lori Berman who represents Central Palm Beach County and is a key environmentalist. Also met with Michelle DeMarco, Communications Director for the Senate. • Met with Dave Aronberg, State Attorney at Palm Beach County days during legislative session. • Met with The Ballard Partner Group which is a lobbyist granting writing firm that represents Delray Beach. There pricing is $6,000 to $8,000 a month for lobbyist services. Also was given the name of Ron Book who is currently booked. The Ballard Partner Group could be vetted through Delray Beach. She explained the point of having a lobbyist and provided additional information about the Ballard Partner Group. She noted the trip to Tallahassee did not cost the Town any money. I) DISCUSSION ON VACATION RENTALS — TOWN MANAGER LA_3ADIE (THIS ITEM WAS ADDED TO THE AGENDA) Town Manager Labadie introduced this item. He explained Senate Bill 824 is going to put in state control over all vacation rental/short-term rental operations, which would then preempt the Town from doing anything moving forward. He discussed Senate Bill 829, which puts in severe penalties for any local community that takes action on a preempted state regulation. Commissioner David stated she received an e-mail from her building's accounting firm about this issue and, apparently, there are parts of that bill that say that you cannot stop an Airbnb, which she finds very troubling, and feels the bill should be stopped. She remarked if the State passes the bill, it will overrule the Town's regulations. Commissioner Donaldson agreed with Commissioner David, stating the Town needs to be proactive on finishing it up. Commissioner Gossett -Seidman stated that the League of Cities brought up this issue in two meetings the previous year. She indicated that the State wants a bed tax but that it is very difficult to collect a bed tax. She noted that there are four Airbnbs on side streets in the Town Town Commission Workshop Minutes Date: March 26, 2019 Page 12 of 15 that she knows of, and that she has received complaints from residents. She mentioned that the State, from her understanding, is listening to lobbyists who want the bed tax collected at the state level. She thinks the cities need to band together, and she would like to move forward and see if something can be put on the -books. She verified with Town Attorney Ryan that Airbnbs cannot be outlawed but they can be regulated. Town Attorney Ryan stated that they definitely can be regulated and that is what the Town ordinances try to do. Town Attorney yan agreed with Commissioner David and commented that it would be great if the Town could send communications to the state legislators asking them not to pass this bill, that it is not in the best interest of the municipalities in general. J) DISCUSSION ON ABSENCES BY COMMISSIONERS — COMMISSIONER GOSSETT-SEIDMAN (THIS ITEM WAS ADDED TO THE AGENDA) Commissioner Gossett -Seidman introduced this item. She mentioned the code that states that any Town board member who misses three or more meetings should be replaced. She suggested adopting that or something similar to also affect Commissioners. Commissioner David agreed with Commissioner Gossett -Seidman, that unexcused absences from Commission meetings should not be allowed. Commissioner Donaldson stated he suspects it would have to be a Charter review, and Mayor Zelniker concurred. Town Attorney yan stated that Vice Mayor Nila has told her that her absences are due to a medical issue. She mentioned that the issue is not addressed in the Town's charter or ordinances, and that they would need to define excused versus unexcused. absences, and how illness is defined. Mayor Zelniker stated that she believes when the Town was incorporated in 1948, there was no consideration about a Commissioner or Mayor being ill. She feels it belongs in the Town Charter and feels a Charter review is necessary. Town Manager Labadie stated the last Charter review was in 2012 so the next review would be in 2022. He mentioned he would research if a review could be held earlier. K) DISCUSSION ON SUCCESSION TO OPEN COMMISSION SEATS — COMMISSIONER GOSSETT-SEIDMAN (THIS ITEM WAS ADDED TO THE AGENDA) Commissioner Gossett -Seidman introduced this item, mentioning it has nothing to do with current or past Commissioners specifically. She feels it does not offer transparency and truth to appoint a Commissioner. She feels that the people of the Town want transparency and truth and they should have a vote, regardless of the cost of an election. She would like the Commission to consider putting this item into an ordinance. Town Commission Workshop Minutes Date: March 26, 2019 Paye 13 of 15 Commissioner David agreed with Commissioner Gossett -Seidman, stating that the citizens of the Town should have a voice as to who sits on the Town Commission. Commissioner Donaldson agreed, stating the Commission should continue to look at this, whether it can be done by ordinance or possibly accelerate the Charter Commission and have it move forward. Mayor Zelniker agreed, stating there should be a process in filling open Commission seats. She mentioned she was not sure if it should be done by charter or ordinance. Town Attorney Ryan mentioned that, by her research, it could be done by ordinance. She stated that historically there has not been any consistency in filling open Commission seats and those members have been replaced in different ways. She feels that the Town Charter is silent on it but there is enough in the Charter that would allow the Commission to make rules by ordinance, and that they do not have to wait for a Charter amendment to put some rules in place. She emphasized that it needs to be done by ordinance and not by resolution. It was the Consensus of the Commission to look into this item. 11. MISCELLANEOUS — ITEMS LEFT OVER: There were no miscellaneous items left over. 12. CIVILITY PLEDGE: Town Clerk Gaskins read the Pledge of Civility into the record. 13. PUBLIC COMMENTS ON AGENDA ITEMS DISCUSSED AT THIS MEETING David Axelrod recommended instead of having special committees allowing the Planning Board to do its job. He stated that the Commission should step back and let the advisory boards do their jobs. He remarked that if Commissioners are unable to perform their duties, they should resign. Dr. Peter Kosofsky mentioned the Town should try not to get so many different consultations. He thinks it might be a rather simple procedure to see what the Town's neighbors do, and to have the Mayor either speak with neighboring mayors or have the Town Manager glean input from other town managers. Steven Parks commented that he felt the FDOT has been demonized by the Commission insofar as to the way it has been discussed and what they have or have not done. He mentioned he does not have an affiliation with the FDOT, and he shared a positive personal experience he had with them. Carrie Borg commented on the beach rakers, especially outside her condominium, the times they start and finish the raking. She mentioned that she and her husband pick up pieces of plastic in Town Commission Workshop Minutes Date: March 26, 2019 Page 14 of 15 front of their building and inquired if there was an ordinance that each building takes responsibility for picking up the plastic. William Weitz commented on the statements that were made by the Commission regarding crosswalks, streetscapes, Commission vacancies, and referendum on climate change. Carrie Saketkoo thanked Commissioner Gossett -Seidman, noting that she learned more from the Commissioner today than she has in the 10 years she has lived in the Town. She noted that a Commissioner was appointed and not elected, and that she had never seen this happen in the 50 years she has lived in Broward County. 14. REPORTS — TOWN COMMISSION: A) Commissioner Barry Donaldson inquired about the assignment of a point person for grants and outside funding sources for projects. He also asked that the Commission look into a possible arrangement with 40cean, a nonprofit organization that provides a waterway plastic clean up in Boca. He mentioned he spoke with the Town Manager about issues regarding elections at Town Hall from a logistics standpoint. He reported he attended the Spring Fling, giving particular thanks to Rosalie DeMartino who over the years has helped grow the event. In response to a public comment made that he continues to meet with FDOT, Commissioner Donaldson clarified he has never met with FDOT. B) Commissioner Peggy Gossett -Seidman stated that the Town Manager asked her to look into the $100,000 earmarked in the current budget for lobbying and funding. She commented that she is not advocating it but she is looking into it, along with other tasks. She noted a comment made earlier by Dr. Axelrod about the Planning Board being the point -person and suggested that the meeting be moved to 6:00 p.m. so that more residents can attend. She revisited the issue regarding absences from Commission meetings. C) Mayor Rhoda Zelniker noted that the meeting was long tonight and that she appreciates that people are participating. She commented the Spring Fling was fantastic and thanked all the staff for doing a wonderful job. She stated she voted on everything she was told, she feels that people should have a, right to vote, and felt it was wonderful that so many people came out to voice their opinions. She also agreed with Dr. Axelrod, that the advisory boards are the citizens, and it is difficult to get people to participate. 15. REPORTS — TOWN ATTORNEY PAMALA RYAN: Town AttomeyRyan had nothing to report. 16. REPORTS — TOWN MANAGER MARSHALL LABADIE: Town Attorney Ryan reported that he is moving forward on many new fronts in code enforcement, from stormwater to real estate signs. He commented that Spring Fling was a great success and he is proud of the very committed employees. He mentioned an online community portal was built for permitting and code compliance requests, and that it will be launched in May. Town Commission Workshop Minutes Date: March 26, 2019 Paze 15 of 15 He stated that because Highland Beach is a small town with few employees, sometimes a consultant is necessary. He noted that FRS thinks this year is a good year to conduct a surprise audit. He commented that he would provide the Commission more detailed reports at the next meeting. 17. ADJOURNMENT: There being no further business Mayor Zelniker called for a motion to adjourn the meeting. MOTION: Commissioner David moved to adjourn the meeting at 5:40 pill. Commissioner Donaldson seconded the motion, which passed unanimously. APPROVED at August 6, 2019 Regular Meeting. l� Rhoda Z ni er, Mayor ATTEST: �; Pages 1-11 transcribed by Rosalie DeMartino Pages 12-15 transcribed by Transcription Experts �t rf, C) Lanelda Gaskins, MC, Town Clerk