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2019.05.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MINUTES Town Hall / Commission Chambers Date: May T' 2019 3614 South Ocean Boulevard Time: 1:30 PIA Highland Beach, Florida 1. CALL TO ORDER: Mayor Zelniker called the Regular Meeting to order at 1:30 p.m. in the Commission Chambers and asked those present to kindly silence all cell phones. 2. PRESENT UPON ROLL CALL: Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE: Town Commission led the Pledge of Allegiance followed by a moment of silence. 4. APPROVAL OF THE AGENDA: Commissioner Gossett -Seidman stated it was the 70th Anniversary of Highland Beach. She asked if it was possible to honor the Town of Highland Beach in some way. She reported utility vendors began digging along A 1 A without permission two weeks ago. She suggested enacting a brief resolution to enforce shut down of work to ensure this did not happen in the future. Town Clerk Gaskins stated the 70th Anniversary of Highland Beach would become New Business as Item 11 C and the Resolution regarding control of the Town referenced utility vendors would be 11 D under New Business. Commissioner Gossett -Seidman asked to amend 11 D to i nc 1 ude any A 1 A work, which caused delays in traffic. Mayor Zelniker asked if all were in favor of accepting the new Agenda. Town Commission Regular Minutes Date: May 7, 2019 Paye 2 of 15 MOTION: All were in favor of accepting the Agenda as amended. The motion passed unanimously. 5. CIVILITY PLEDGE: Town Clerk Gaskins read the Civility Pledge: 6. PUBLIC COMMENTS AND REQUESTS: Mr. Fred Rosen stated he was from Braemer Isle. He stated there were many openings on many Boards. He stated he believed this was due to the Boards not being taken seriously. He suggested the Adjustments and Appeals Board and the Financial Board be given authority to approve or reject items, but to include a caveat which gave the Town Commission the ability to veto items and send items back to the Committee to be reconsidered; however, following reconsideration if the Committee reapproved the vetoed item, said item should remain approved. He stated he felt this would give the Boards the opportunity to make a difference. Mr. Michael Rothberg stated his address was 3833 S. Ocean Blvd. (Microphone turned off, inaudible.) He stated he believed the Town Attorney purposefully mislead him regarding his lots, Code, and Unity of Title. Mr. John Ross stated he lived in Casuarina. He stated the Department of Transportation was informed that AT&T intended to work on the AIA. He indicated if the Town had been informed, the public could have been informed, and police and fire could have prepared. He stated AT&T should have consulted the Town regarding gas and sewer line locations; this would have prevented the gas line break. He stated it was important for the Town to be aware of such information for public safety purposes. In regards to Mr. Rosen's comments, he suggested creating a list of rules regarding the various Town Boards to distribute to individuals interested in becoming Board Members. He discussed various rules to be included. He stated he did not believe being a registered voter should be a prerequisite for Board Members; being a legal resident of the Town of Highland Beach should be the perquisite. Mr. Rick Greenwald stated he lived on Tranquility Drive. He stated he agreed with both Mr. Rosen and Mr. Ross regarding the Boards; however, he believed more than a set of rules was in order. He stated the Town Charter did not have much codification regarding the Boards. He indicated believed this needed to change and Board Members needed training. He stated that he was glad to see this important need being addressed and he looked forward to the results. Mr. Erwin Zagoria stated his address was 4211 S. Ocean Blvd. in Ocean Place Villas. He stated he was present on behalf of his family and his neighbors. He noted he had been a resident of Highland Beach since 2010. He stated that in October of 2018 the streetlight near his residence was removed because one of his neighbors Mr. Patek petitioned the Town of Highland Beach to remove the light; however, this light provided safety to himself, his family, his neighbors, and all who walked, biked or otherwise traveled along this route. He noted he enjoyed walking in the early morning and evenings with his wife and children, but it was unsafe without the streetlight. He reported Mr. Paddock was required to obtain the neighbor's approval for the removal of the Town Commission Regular Minutes Date: May 7, 2019 Patie 3 of 15 light and pole. He indicated he had not given Mr. Paddock permission. He stated since the removal of the light and pole he personally had almost been hit twice by cars turning into driveways across the street from his home. He stated his safety and the safety of the residents of Ocean Place Villas who walked, ran or rode bicycles was now in harms way because of the removal of the light pole. He stated the pole, which was removed, had been situated on his property, not Mr. Paddock's property, within the FPL easement. He reviewed the rules of light removal and noted he did not grant FPL the right to remove the light pole, which was required. He stated the Town of Highland Beach misrepresented the pole's location, indicating it was on Mr. Paddock's property. He stated in the seven months since this light was moved nothing had been resolved. He stated it was a dangerous situation and the safety of the public was at stake. He asked the Town Commission to change the situation and create a safe environment for residents in this area. 7. PRESENTATIONS / PROCLAMATIONS: A. None. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS: Town Clerk Gaskins reviewed the Board Vacancies. She noted the Financial Advisory Board vacancy term expired April 30, 2022, not March and the Natural Resources Preservation Advisory Board term ended April 30, 2021 not July 2021. A. Board Vacancies 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 and One (1) Vacancy for an Unexpired Term ending July 2021 3. Financial Advisory Board — One (1) Vacancy for an Unexpired Term ending March 2022 4. Natural Resources Preservation Advisory Board — Two (2) Vacancies: One (1) Three -Year Term and One (1) Unexpired Term Ending July 2021 5. Planning Board — Two (2) Vacancies for a Three -Year Term Town Clerk Gaskins reviewed the Upcoming Meetings and Events. B. Upcoming Meetings and Events 1. Planning Board Regular Meeting — May 8, 2019 — 9:30 AM 2. Code Enforcement Board Regular Meeting — May 14, 2019 — 2:00 PM 3. Board of Adjustment and Appeals Regular Meeting — May 20, 2019 -9:30 AM 4. Town Commission Workshop Meeting — May 28, 2019 — 1:30 PM 5. Town Hall Closed: May 27, 2019 - Memorial Day Town Commission Regular Minutes Date: May 7, 2019 Paye 4 of 15 9. PROPOSED ORDINANCES AND RESOLUTIONS: A. None. 10. CONSENT AGENDA: Town Clerk Gaskins reviewed the Consent Agenda. Mayor Zelniker called for a motion to approve the Consent Agenda as presented. A. Approval of Meeting Minutes March 21, 2019 — Special Minutes B. Nomination to Reappoint Barbara Penn as a member to the Board of Adjustment and Appeals to serve a Three -Year term ending April 26, 2022. C. Nomination to Reappoint John Boden as a member to the Planning Board to serve a Three - Year term ending April 26, 2022. D. Proposed Resolution/ Budget Amendment for FY 2018/2019 Approve 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: Vice Mayor Babii made motion to approve the Consent Agenda as presented. Commissioner David seconded the motion. The motion passed unanimously. 11. NEW BUSINESS: Town Clerk Gaskins reviewed the New Business Items. A. Consideration to Approve a LED Lighting Agreement between the Town of Highland Beach and Florida Power and Light for the installation of lighting facilities at 4215 South Ocean Boulevard. MOTION: Vice Mayor Babij made motion to approve the light reinstallation at Ocean Place Villas, 4215 South Ocean Boulevard. Commissioner Donaldson seconded the motion. Mayor Zelniker called for discussion. Town Manager Labadie explained in the summer/fall of 2018 the property owner at 4217 worked with and paid FPL to underground a portion of above ground utilities and to relocate a municipal streetlight located in front of 4215. He noted while the previous Town Manager authorized the removal of the street light, the properties at 4215 were never given an opportunity to object to such relocation, which voided the sense of due process. He stated the property owner at 4215 Town Commission Regular Minutes Date: May 7, 2019 Paye 5 of 15 felt strongly about public safety in the area. He stated it took some time to get the Lighting Agreement from FPL, but with the Town Commission's approval, FPL would move into the construction phase. He noted he was making an effort to expedite the process. He reported it was a 12 -foot bracket arm on a 30 -foot concrete pole with a 40 -watt LED, which was consistent with the Town's contract with FPL; the cost for installation was zero ($0) dollars and $14.83 dollars per month for operation. He suggested possibly adding a reimbursement for the adjacent property owner of $1,600 dollars, which was incurred following the process that FPL had indicated. He explained this would clear the slate and smooth over the situation. Vice Mayor Babij stated regardless the light was removed incorrectly. He stated this was in fact a safety issue. He noted he had driven by and it was extremely dark. He indicated he believed it was right to reimburse Mr. Patek for the $1,600 dollars as he was misled in the situation. He amended his motion. MOTION: Vice Mayor Babij made motion to approve the light reinstallation at Ocean Place Villas, 4215 South Ocean Boulevard and reimburse Mr. Patek for his out of pocket expenses. Commissioner Donaldson seconded the motion. Commissioner David asked for clarification. Town Manager Labadie explained the light Mr. Paddock relocated to the south and placed on the existing power pole would remain in place and an additional light would be installed on a new 30 -foot pole at 425 South Ocean Boulevard. Commissioner David asked what the $1,600 reimbursement was for. Town Manager Labadie responded this was the cost incurred by Mr. Patek for the light pole removal and relocation. Commissioner David stated she did not think Mr. Paddock should be reimbursed for the light being moved to the other pole, but should be reimbursed for the removal of the light pole. She asked Town Manager Labadie to determine the line item cost of each. Town Manager Labadie stated he would investigate. Commissioner Donaldson stated in a course of communications the Town Manager had commented what had happened was not good governance. He stated he agreed. He noted technically the Town was not required to give the owners notice, but he felt the Town should have given notice. He stated the Town of Highland Beach was a small town and should have better communication with its residents than larger cities. He stated he supported the amount of reimbursement at $1600 dollars, but he did believe it should be verified before payment. He stated this particular streetlight was an effective streetlight, which provided excellent safety benefit, and he felt the Commission should move forward with this project. Commissioner Gossett -Seidman agreed. She stated she appreciated Town Manager Labadie's transparency and agreed it was important to correct a poor decision made by the previous Town Manager. Mayor Zelniker agreed. She noted at the time this was approved the Town of Highland Beach had an interim Town Manager who possibly did not know all the Town Codes, and also did not have the Town Building Department in place. She stated she supported Town Manager Labadie's desire to right the situation. Town Commission Regular Minutes Date: May 7, 2019 Paae 6 of 15 UPON ROLL CALL: Vice Mayor Babij - Yes Commissioner Donaldson - Yes Commissioner David - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion carried on a 6 to 0 vote. B. Consideration to Nominate one member to the Financial Advisory Board to serve an unexpired term ending February 28, 2022. Interview / Board Applicant: Douglas Hillman Mr. Douglas Hillman stated his address was 4748 S. Ocean Blvd. in Dalton Place. He introduced himself and gave a brief history of his financial background. He reported he had run multiple companies over his career, the last being London Fog which had a revenue base of $350 million dollars with a $220 million dollar annual operation budget. He stated he had owned a marketing consulting company and consulted with multimillion -dollar companies, as well as billion dollar companies including L'Oreal and Cable Vision. He noted he worked as an advisor to the Governor of Maryland regarding economic growth and tax incentive programs. He reported he was President of Dalton Place Condo Association, which had a Budget of $1.4 million dollars and ran a balanced budget annually. He stated he had worked in Finance all of his life. Commissioner David stated Mr. Hillman was well qualified and she approved. Commission Donaldson agreed. He stated he felt Mr. Hillman would serve excellently with the guidance of the Town Manager and Finance Director. Commissioner Gossett -Seidman stated she believed Mr. Hillman was a knowledgeable, well- meaning individual and she approved his selection. She noted she had received comments from residents complaining the Commission was rushing in Board Member selection. She stated the Town of Highland Beach had no procedural guidelines regarding Board Member selection, but she and Mayor Zelniker had been discussing this issue since August 2018. She explained in the past the Town was so small the government simply gathered the neighbors for the Boards due to lack of interest; however, the Town was growing and residents were interested in becoming Board Members, which she appreciated. She stated the Commission was working hard regarding establishing Board Member selection procedures. Vice Mayor Babij stated he agreed with Commissioner Gossett -Seidman, Board Member selection guidelines were being created; however, this appointment was different and he did not feel the process was rushed. He stated the cost of not deciding far outweighed the cost of Town Commission Regular Minutes Date: May 7, 2019 Paze 7 of 15 waiting for more applicants as it was budget season and Mr. Hillman would be a great asset due to his large knowledge base and experience. Mayor Zelniker agreed with the Commissioners. She thanked Mr. Hillman for his interest in this position and stated she felt he was an excellent fit. She recommended Mr. Hillman highly. MOTION: Commissioner David moved to appoint Mr. Douglas Hillman to the Financial Advisory Board to serve an unexpired- term ending February 28, 2022. Vice Mayor Babii seconded the motion. UPON ROLL CALL: Commissioner David - Yes Vice Mayor Babij - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion carried on a 6 to 0 vote. C. A Discussion of the Town of Highland Beach 70th Anniversary. (THIS ITEM' WAS Commissioner Gossett -Seidman asked if there were any suggestions regarding celebration of the Town of Highland Beach 70th Anniversary. She suggested the possibility of a Fall Festival type celebration. Discussion ensued regarding the beginning of October being an appropriate time, the possibility of an Octoberfest, the possibility of a Town of Highland Beach Birthday Party, engagement of a small steering committee for ideas and plans, the Town of Highland Beach being formed in October 1949, many Town residents not returning until after Thanksgiving, there being money in the Budget for the celebration, the possibility of an old fashioned block party, and sending an email and including an add in the Highlander to find volunteers for a steering committee. Mayor Zelniker called for a vote to proceed and engage the Town Manager to manage this proj ect. MOTION: Commissioner Gossett -Seidman made, a motion to adopt a Fall Festival sometime in October or early November and move forward with having a celebration. Commissioner David seconded the motion. Town Commission Regular Minutes Date: May 7, 2019 Paye 8 of 15 UPON ROLL CALL: Commissioner Gossett -Seidman - Yes Commissioner David - Yes Commissioner Donaldson - Yes Vice Mayor Babij - Yes Mayor Zelniker - Yes Motion passed 6 to 0 vote. D. Discussion of a proposed resolution regarding controlling the utility vendors and work along Al A. (THIS ITEM WASADDED TO THE AGENDA) Commissioner Gossett -Seidman stated she consulted a colleague and discovered the Town of Highland Beach had authority within Town Limits over State roads. She stated she brought this up to inform the Town Attorney, and to inform the Commission of activity in Tallahassee. She explained there were 50 lobbyists for each State Legislator for 5G networks, not just in Florida, but throughout the United States. She stated the Florida Internet and Television Committee took a major leadership role to push 5G installation and circumvent local authority and home rule. She stated for the immediate situation, she felt when moving utilities under ground the utility company needed to be aware of where sewer, gas and water lines were. She indicated it was inappropriate and unsafe for the utility companies to begin work without this knowledge. She moved to adopt a resolution to allow the Town Manager to issue a stop work order if the Town was not informed in advance of this work, so that residents were not put in peril. She stated the town had a 411 number to call before you dig, for homeowners and utility companies alike; this utility company did not call prior to working. MOTION: Commissioner Gossett -Seidman made a motion to adopt a Resolution, which would give immediate authority to pursue this issue. Commissioner David seconded the motion. Town Manager Labadie stated he felt the Commission could pass a resolution requesting the utility company do something, but he did not feel a stop work order could be issued. He indicated the Town had no regulatory authority over the road right of way, as it was a State highway. He stated if there was a right of way ordinance in place there might be some means, or if the utility company were working on any secondary roads, which fell within the Town's jurisdiction a stop work order, could be issued, but as it was a State road, FDOT had right of way. He stated he was surprised FDOT did not give the Town notice and he recognized there was a communication problem. Town Attorney Torcivia stated he agreed communication was important, but there were specific rules regarding stop work orders; generally, the building official had this authority. He stated to demand a stop work order be issued invited litigation. Commissioner Gossett -Seidman asked who incurred the cost of repairing the broken gas line. Town Manager Labadie responded the utility company incurred this cost. He responded he Town Commission Regular Minutes Date: May 7, 2019 PaLye 9 of 15 would work with FDOT regarding future notification. He stated he worried if this Resolution to issue a stop work order were passed the Town of Highland Beach would find itself in a poor legal predicament. Commissioner Gossett -Seidman asked if the Town of Highland Beach could review the ordinances in place in other town related to State and Federal roads, which traversed town property. She asked if not a Resolution then following review possibly an ordinance that would give the Town of Highland Beach the ability to oversee its roadways. Town Manager Labadie agreed a right of way ordinance was the appropriate method to maintain controls. Commissioner Gossett -Seidman withdrew her motion. She asked Town Manager Labadie to investigate ordinance possibilities and to get in touch with FDOT regarding communications. MOTION: Commissioner Gossett -Seidman made a motion to allow the Town Manager and Staff to look into and present options regarding the right of way and a potential ordinance. Commissioner David seconded the motion. UPON ROLL CALL: Commissioner Gossett -Seidman - Yes Commissioner David - Yes Commissioner Donaldson - Yes Vice Mayor Babij - Yes Mayor Zelniker - Yes Motion passed on 6 to 0 vote. 12. MISCELLANEOUS ITEMS LEFT OVER: A. None. 13. CIVILITY PLEDGE: Town Clerk Gaskins read the Civility Pledge: 14. PUBLIC COMMENTS AND REQUESTS AGENDA ITEMS ONLY: Mayor Zelniker stated Public Comments and Requests would be limited to five (5) minutes each on Agenda Items only and all comments were to be directed to the Commission as a body through the presiding officer. She asked those who wished to speak to wait to be recognized, approach the podium, speak into the microphone, and state first name, last name and address for the record. Mr. Tim Burnich stated his address was 4505 S. Ocean Blvd. He stated he felt that if FPL misrepresented the proper procedure regarding light removal the City should not be responsible to pay the $1,600 dollars. He stated he believed it was FPL's mistake and FPL should pay the $1,600 dollars. Town Commission Regular Minutes Date: May 7, 2019 Paye 10 of 15 Mr. John Boden stated his address was 3407 S. Ocean Blvd. He stated the Town was working hard to improve the relationship with FDOT and he hoped the Town Manager would use this situation to help improve the Town of Highland Beach's relationship with FDOT and not start a fight. Mr.. Ron Rgyamy from Dalton- Place asked why the Town would give Mr. Patek $1,600 dollars for his troubles as Mr. Patek experienced no harm. Mr. Douglas Hillman stated he agreed. He stated he believed the gentleman who paid the $1,600 dollars to move the pole did not need a refund. He explained Mr. Patek paid to have the light pole moved, and it was; it still existed where it was moved to. He stated he liked the idea of a Fall Festival in October. He commented his decision to apply for the Advisory Board was based on a desire to serve the Town of Highland Beach. He stated he looked forward to serving on the Financial Advisory Board. 15. TOWN COMMISSION REPORTS: A. Commissioner Evalyn David Commissioner David stated she noticed in the picture there was currently a utility pole near the location intended for the new street light installation.. She asked if it was possible to use this utility pole for the light fixture rather than paying to have a new pole installed. Town Manager Labadie responded in the negative; FPL could not install a light bracket on the existing power pole due to electrical grounding issues. He explained how this worked. He noted Mr. Patek did not pay to move the pole in its entirety, just the light fixture to an existing pole, which was properly grounded for a light fixture. He stated there could be portions of Mr. Patek bill, which were associated with moving the light fixture to a different pole, but the majority of the bill was associated with the removal and disassembly of the original light pole. He stated the town was at fault in this process, as his predecessor did not give proper notice regarding light pole removal. B. Commissioner Barry Donaldson Commissioner Donaldson stated he agreed it was important to improve relations with FDOT. He stated he knew the Town Manager was working on this diligently. He stated he believed Mr. Paddock should be reimbursed as when he reviewed the process he noted there were many mistakes by all parties for which he did not believe Mr. Paddock should be held accountable financially. C. Commissioner Peggy Gossett -Seidman Commissioner Gossett -Seidman stated she agreed with Mr. Donaldson; Mr. Paddock should be reimbursed. She reported that in the past there had been safety issues with the pole; once the lines had come loose and started a fire. She explained the Town wanted to make the situation right and move on. Town Commission Regular Minutes Date: May 7, 2019 Paize 11 of 15 D. Vice Mayor Greg Babij Vice Mayor Babii stated he appreciated Mr. Rosen's comments; he felt the Boards should have a little more authority. He stated that possibly decisions could be separated into low impact and high impact categories. He stated in terms of the Rothberg situation he personally wished to find a solution. He stated he read the document provided and noted he would not sign it. He stated he felt there had to be a better way to solve this problem and recommended enlisting expertise help. He stated he appreciated Mr. Greenwald's comments and agreed. He stated he agreed Mr. Paddock should be reimbursed. He explained Mr. Paddock was told "for $1,600 we will remove this light" and then months later the light was put back in. He noted if he were. Mr. Patek, he would wish to be reimbursed. E. Mayor Rhoda Zelniker Mayor Zelniker stated she agreed with the Commissioners; Mr. Patek should be reimbursed. She explained this was an honest mistake by a previous Interim Town Manager and the Town should take responsibility for its mistakes. She announced for the week of May 14 she had a grandson who was graduating from Georgetown with his Masters and she would be out of town for this event. She noted, as such she would be unable to respond to resident's emails and calls, but thanked the residents for the emails and calls. She stated the Town Commission was aware the Boards needed structure and the Town Manager was diligently working toward this end. She gave a brief history regarding the Boards. She noted the Town was working hard to reorganize and standardize the Boards. She stated in the past there had been little interest in the Boards and it was difficult to find volunteers. She stated it was indicated in the minutes that the previous Board members were made aware positions would only be held until there was sufficient interest in Board positions. She stated she had some articles regarding Airbnb, which she would give to the Town Attorney. She reported there was a new Palm Beach County Ordinance with aims to crack down on short- term rentals in Palm Beach. She stated according to news articles Palm Beach County allowed home sharing AirBNB in all cities except Boca Raton, which was exempt from the new ruling because Boca Raton's restrictions were grandfathered in 11 years ago. 16. TOWN ATTORNEY REPORT: Town Attorney Torcivia stated State Legislature recently adjourned and noteworthy were the bills, which did not pass which included the Wireless Infrastructure Deployment Act, Single Use Plastics, and Tree Ordinances, but local governments were permitted to regulate personal scooters. He reported regarding Mr. Rothberg and his property, he never used the words "let's sue." He stated he only indicated he was required to discuss the matter with Mr. Rothberg's attorney as he was forbidden under Florida Bar Rules to discuss a legal matter with an individual who was Town Commission Regular Minutes Date: May 7, 2019 Paue 12 of 15 represented by an attorney. He explained he was prohibited from discussing the situation with Mr. Rothberg directly; however, the Town Manager had worked with Mr. Rothberg. He explained this was an issue created by Mr. Rothberg by purchasing two lots which were not contiguous and there was a section of code which applied to the accessory use of a dock: "Accessory uses shall be located on the same lot; however, if the lots were under the same ownership and divided by a street and are immediately opposite to each other (contiguous) then you may permit the accessory use." He noted these properties were not immediately opposite each other. He stated a solution had been suggested: amend code to allow accessory use for properties within 300 feet of each other. He explained this was not an immediate solution and would require deliberation, public comment, advisory boards, etc. He noted the second part of the solution included obtaining special permission to use the accessory structure. He stated there were many steps required in this process, but at the end of the process, a solution would be reached. He stated he would not provide Mr. Rothberg with a shortcut solution. He stated if there was another attorney with another proposed solution, he was willing to listen. Commissioner Donaldson asked if the Planning Board had reviewed Mr. Rothberg's situation. Town Manager Labadie responded in the affirmative; the Planning Board reviewed the first agreement, which involved the construction of a principle residence following the dissolution of Unity of Title. He reported the Planning Board reviewed it, but was uncomfortable making a recommendation on the legal documents, so it was referred back to the Town Commission. He reported, however, the Planning Board did not look at it under this newly proposed solution for a special exception for the accessory structure. Commissioner Donaldson asked what the process was for applying for a special exception. Town Attorney Torcivia responded before that Mr. Rothberg could apply for a special exception the town was required to change the ordinance. He explained the Board could not grant an exception, which was in direct violation with current ordinance; therefore, the first step was for the Town Commission to decide if it was in the Town's best interest to allow noncontiguous lots, separated by a street, to not be directly across from each other. He stated the Town could change ordinance to permit lots within 200 feet or 300 feet of each other, even within a mile of each other. He stated once code was --changed then Mr. Rothberg could apply for a special exception. He explained he was waiting for Mr. Rothberg to agree to the process before moving forward with code changes. Commission Donaldson stated he understood Town Attorney Torcivia planned to continue his dialogue and come back to the Town Commission with a proposed solution process. Town Attorney Torcivia concurred. Commissioner Gossett -Seidman asked why existing code did not permit individuals to own noncontiguous lots. Town Attorney Torcivia responded he did not know the history of this code; however, presumably years ago the Commissioners decided lots were required to be directly `across from each other. Town Manager Labadie stated he could conjecture on the purpose of this code. He noted he faced the same issue in another State where individuals would purchase potentially non -buildable lots on lakes and then show up on the weekend, dock a boat, throw up a tent, park on the side of the road and hang out for the weekend. He stated this was no longer often the case, but historically property owners with no interest in the town could own a boat dock, but would not live in the area, so to preserve town ownership non -buildable lots were required to be adjoined to a principle residence. He stated he understood it did not apply in this Town Commission Regular Minutes Date: May 7, 2019 Paye 13 of 15 situation, but that was the history associated with this type of code. Commissioner Gossett - Seidman stated a search through code to determine which codes were outdated and a comparison with neighboring community's codes was needed. She asked Town Staff to resolve this issue. Town Attorney Torcivia stated if Mr. Rothberg indicated he would not apply for a special exception even if the Town were to amend the code there was no reason to spend legal fees researching how other coastal communities handled the noncontiguous lot scenario. 17. TOWN MANAGER REPORT: Town Manager Labadie reported that he was working with Florida Department of Transportation (FDOT) regarding processes. He stated if the Town was uninvolved, FDOT would perform spot repairs and necessary drainage improvements to ensure the road met FDOT standards. He stated when the road was built FDOT would do necessary grading adjacent to the road and shoulders and would do drainage repairs as notified. He stated that currently FDOT was working on a drainage problem in front of 4101 S. Ocean Blvd. He noted he asked FDOT to share the drainage repair design and FDOT.agreed. He stated conversations were started regarding the 53 - point repair, for which FDOT did seven repairs; FDOT indicated that project would not be resumed due to the 3R project addressing most of the 53 -point repair problems. He stated FDOT would not build the Town of Highland Beach a water drainage management system. He reported 3R project was a mill and fill type project which addressed any deficiencies along the way. He explained in regards to bike lanes, if the Town were willing to participate, not financially, but politically with FDOT, FDOT would begin to address some of these issues. He stated FDOT would address the standing water. He indicated pedestrian accommodation, biking accommodation, drivability, and traffic safety were the mantras, which FDOT's design team used; however, FDOT would not install an 8 foot divided bike lane. He noted FDOT commonly used the term "5 foot marked shoulder" which was what FDOT utilized to accommodate bicyclists and was a much wider bike lane than current. He stated FDOT did not want to be a "bad neighbor" by tearing through town and ripping out everyone's driveway; however, if the Town Commission passed a resolution indicating support of FDOT constructing a 5 foot marked shoulder then FDOT would install the 5 foot marked shoulder. He stated he did not have an assigned 3R project number to date; which meant he could not say when the construction would begin. He stated he hoped to know by the end of summer. He stated water level rise was not typically addressed in a 3R project. He stated FDOT was willing to cooperate with the Town regarding timelines, but would lot allow the Town to rip up the roadway to install stormwater drainage; the Town could make moderate improvements in the right of way, which did not impact the road. He stated he would work with FDOT to determine its drainage repair design standards. He stated the crosswalk plans were underway. He noted FDOT had minimum standards regarding crosswalks and the crosswalks the Town wished to install went above the FDOT minimum standards; therefore, the town was responsible for the installation. He noted the Town Commission Regular Minutes Date: May 7, 2019 Paye 14 of 15 crosswalk plans would go before the Planning Board and then the Town Commission for approval; following approval, the crosswalks would go out to bid. He reported he believed Milani Park would exercise the five -year -extension right, and then potentially begin to explore its options. He indicated Commissioner Weinroth stated he would like to work with the Community. He stated he collected the resident's and commissioner's noted regarding the Board appointment process.. He indicated he was actively putting a process together, as it was warranted currently, to present to Town Commission. He noted there were 10 applicants in the applicant pool and there appeared to be a seat for all, but there was a backup in the Board of Appeals and Adjustments. He stated he would begin educating the Town Commission regarding the Coastal Regional Partnership (CRP). He listed the municipalities involved in the Partnership. He stated the CRP was partially grant funded to come together and do a collective vulnerability assessment to begin to prepare for climate change and sea level rise. He stated there was money in the budget for this and he would ask for the money to be encumbered to help finance the vulnerability assessment. He noted this cost would not be more than the budget -approved amount for a climate study. He noted there would be an interlocal agreement. He stated the CRP had applied for a second grant to bring down the cost of the vulnerability assessment. He gave a little history of the CRP and noted he served on the steering committee for the vulnerability assessment. He stated he would continue to keep the Town Commission updated in this regard. He stated the AirBNB conversation would continue at the next Planning Board Meeting. He noted the Town of Highland Beach Building Official was in communication with the South Florida Water Management District (SFWM) regarding Golden City (the properties south of Toscana, west of AIA). He stated Golden City was in violation and the Town Attorney contacted Golden City's Attorney regarding the violation. He explained Golden City had not applied for a building permit; the Building Official asked South Florida Water Management for its position and SFWM indicated it would not give Golden City any fines or assessments. He indicated the SFWM permit department was prepared to issue Golden City a permit predicated on the mitigation work in Ocean Ridge and the Army Corp permit to construct townhomes. He stated Golden City had not applied to the Town or come to the Planning Board, but had been put on notice that this was required. Mayor Zelniker thanked Town Manager Labadie for his hard work. Town Commission Regular Minutes Date: May 7, 2019 Paue 15 of 15 18. ADJOURNMENT: Mayor Zelniker called for a motion to adjourn the meeting, as there was no further business at approximately 3:20 p.m. MOTION: Commissioner David moved to adjourn. Commissioner Donaldson seconded the motion. The motion passed unanimously. APPROVED at August 6, 2019 Regular Meeting. ,v o� Pl p98y- • By, �� . ATTEST: Lanelda Gaskins, MMC, Town Clerk: rl Rhoda Zeln' r, Mayor Transcribed by TEI/he -Az�u a LLsJ' I Date