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2019.05.28_TC_Minutes_Workshop� N�GHLgtiO FLORI�P TOWN OF HIGHLAND BEACH TOWN COMMISSION WORKSHOP MINUTES Town Hall / Commission Chambers Date: May 28, 2019 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida 1. CALL TO ORDER Mayor Zelniker called the Workshop Meeting to order at 1:30 p.iii. 2. PRESENT UPON ROLL CALL Mayor Rhoda Zelniker Vice Mayor Greg Babij Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett -Seidman Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Prior to reciting the Pledge of Allegiance, Mayor Zelniker mentioned a sign put up on Memorial Day, which read, "Remember and honor all those who have served and sacrificed for our freedom." She thanked all those who served and did not make it back. The Pledge of Allegiance was followed by a moment of silence. 4. APPROVAL OF THE AGENDA Commissioner Gossett -Seidman added Disruption of AIA as Item 10-J under New Business. She removed Item l OG from the Agenda until the June Workshop meeting. Vice Mayor Babij added discussion of two property -related issues in the Town Codes as Item I OK under New Business. It was the Consensus of the Commission to accept the agenda as amended. Town Commission Workshop Minutes Date: May 28, 2019 Paae 2 of 29 5. CIVILITY PLEDGE Town Clerk Gaskins read the Pledge of Civility into the record. We will be respectful of one another even when we disagree We will direct all comments to the issue We will avoid personal attacks "Politeness costs so little." By: Abraham Lincoln 6. PUBLIC COMMENTS AND REQUESTS Carl Gammon thanked the Commission and Townspeople for displaying flags on Memorial Day. John Ross thanked the Town Manager on his suggestion that the public be permitted to speak on items before they are voted on. He commented that the question of Commissioners participating in pseudo -governmental organizations is much broader than the agenda item. He noted that pseudo -governmental organizations such as the Treasure Coast Regional Planning Council or the Florida League of Cities are hardly neutral service organizations and wondered where they fall under the IRS code for nonprofit organizations. He commented that the contract for Town Attorney services should be bid. He jokingly noted that the Mayor is acting illegally because she plays Mahjong, stating that the Town Charter prohibits gambling by Commissioners. Rick Greenwald commented he has been attending Advisory Board meetings and noted the attendance of newer Commissioners. He mentioned that the Code Enforcement Board meeting held two weeks prior was nicely run using appropriate parliamentary procedures. He remarked that the Board discussed parking codes, something near and dear to those such as himself living on side streets with construction. He noted that there was confusion and much back and forth among the Board members while the item was being discussed and that the issue was ultimately tabled. He made the following suggestions for a better -run discussion on items: • Motions and guidance from the Commission need to be clear, precise, and communicated directly and in advance to appropriate boards and particularly the chairs of those boards. • Liaison support staff need to be informed to aid in continuity and clarity of communications. • Board information packages need to be distributed with adequate lead time for pre - meeting preparation. He suggested the Commission consider assigning a Commissioner as an ex officio, non- voting member to each- of the advisory Boards as a liaison in order to ensure adequate continuity in communication. The goal is to be sure the Boards are being tapped as a Town Commission Workshop Minutes Date: May 28, 2019 PaLle 3 of 29 valuable resource as part of a dialog by ensuring smooth communication hand-offs. He stated applications should be accepted for consideration twice a year rather than annually in order to keep enhancing and refreshing the applicant pool. 7. PRESENTATIONS / PROCLAMATIONS A. Chief of Police Craig Hartmann gave the 2019 Hurricane Season PowerPoint Presentation. He provided a snapshot of hurricane season and the roles and activities of the Town under the Emergency Operation Plan. Some highlights of the presentation include: • June. 1 through November 30 is hurricane season • Saffir-Simpson Hurricane Wind Scale rates hurricanes • Hurricane Matthew in 2016 was not much of an event but Hurricane Irma in 2017 made more of an impact on the community • There was no major structural damage but a significant amount of wind, rain, and power outages • The Town is in a barrier island. • Everything with a Category 2 or higher is a mandatory evacuation. This mandate comes from the State and not the Town. • The Town's Emergency Operation Plan is more geared towards hurricanes but applies to any disaster, natural or man-made. • The Town operates under the NIMS Incident Command System. • The Town transferred police public safety phone calls to the Delray Beach dispatch center. , • Means of communication with the community includes social media sites oil Facebook, Twitter, and NextDoor. • Special needs shelters in Palm Beach County need prior approval due to limited space. • Checklist for preparation for hurricanes can be found on the Highland Beach website. Commissioner Donaldson noted that he was glad there is a social media component for critical backup. Commissioner Gossett -Seidman commented that even if a storm is not aiming directly at the Town, it can turn at the last minute and the residents need to be prepared. Mayor Zelniker noted that if a mandatory evacuation order is in place, homeowner associations have the legal right to turn off the water and electric in the elevators. She asked the Chief if that is a good idea or if they should not be implementing such a program. He indicated that the individual associations have to discuss that with their boards and their legal representations for their associations. The Mayor opened the floor for public comments because this is an important topic. Town Commission Workshop Minutes Date: May 28, 2019 Paye 4 of 29 Marilyn no last nameice) commented there is no sales tax on hurricane supplies for a period of time. Doug Hillman commented that his building is shut down during mandatory evacuations. The generator is also shut down. If residents exit the building, they cannot re-enter because the doors will automatically lock. This is to protect the systems in the building and to protect the building itself. He noted that buildings that did not shut down had significant damage to them and significant financial problems. John Boden commented that a way to mitigate problems when people do not evacuate is perhaps come up with a legal document that they sign in advance stating they will not evacuate. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Town Clerk Gaskins read Item 8A into the record. A. Board Vacancies/Interviews 1. Board of Adjustment and Appeals— One (1) Vacancy for a Three -Year Term Board Applicants: Jack Halpern Fred Rosen Richard Bailyn Town Clerk Gaskins introduced applicant Jack Halpern. Jack Halpern began his interview by asking for clarification that, since this is a consent agenda and all five Commissioners need to agree, will it go before the consent agenda at the next meeting. Town Manager Labadie remarked that if there is a one-for-one action that could be had it could be done by consent or reappointment where it is an unchallenged seat. Mr. Halpern stated his diverse technical background and experience of over 50 years enables him to be a valuable asset to the Board of Adjustment and Appeals. His background includes: • Served two terms on Board of Adjustment, one period as a member and one a chair • Served two terms on the Code Enforcement Board, one in which he was chair • Professionally testified in over half a dozen states including Florida before administrative law judges • Appointed to volunteer as 15th Judicial District, Palm Beach County, guardian ad litem working on behalf of abused and neglected children Town Commission Workshop Minutes Date: May 28, 2019 Paue 5 of 29 • Selected to be educational surrogate for the Palm Beach County School System • Selected to attend a White House conference, one of only three consultants invited to participate on permitting for infrastructure projects • Invited by the Department of the Interior to review their processes for mitigation of construction projects • Invited to Governor Bush's 2020 Commission for Florida • Project director for the largest wetland creation restoration project outside of the Everglades Commissioner David noted his background is significant but she would need to think about it. She did not have a question at this point. Commissioner Donaldson recited some of Mr. Halpern's public comments made at the April 2, 2019 Commission meeting, which the Commissioner stated were fabrications with no substance. The Commissioner stated the Board of Adjustment and Appeals is a quasi judicial body that must make well -formed decisions based on facts and according to well established criteria, not personal judgments or wild conspiratorial theories or coincidence. There is no room for rumor, innuendo, accusations, personal agendas or rash decision making. Commissioner Donaldson remarked he sees no role for Mr. Halpern on the Board of Adjustment and Appeals and will not support his application. Jack Halpern commented on Commissioner Donaldson's unethical behavior, and a back and forth ensued between the applicant and the Commissioner Donaldson. Town Attorney Torcivia interjected that this was the time for an application and not for public comments, and that a Commissioner's comments on an applicant does not create a conversation. Mr. Halpern concluded that he is in the middle of completing a filing to the Attorney General for the State of Florida regarding Commissioner Donaldson and his unethical behavior that began long before he joined the Commissioner, and that is time for him to leave the Commission. Commissioner David remarked that despite the applicant's impressive background, she finds that temper tantrums have no place on a board and she does not think that he is psychologically suited to be on the Board of Adjustment and Appeals. Commissioner Gossett -Seidman stated that there are several openings on several boards. She commented that she could not see why they cannot table this, pool the candidates, reach out for another week or two or month, see who else might be interested and see if any candidates currently applying to any board wishes to serve on another board. There are many application processes that can be used and to turn it into a personal or political attack is what they are trying to avoid. She stated she is not comfortable with moving forward based on the tenet of the comments today. Mayor Zelniker countered that the applicants came to be interviewed and the interview process is on the agenda. Town Commission Workshop Minutes Date: May 28, 2019 Paye 6 of 29 Vice Mayor Babij had no questions and thanked Mr. Halpern for his presentation. Mayor Zelniker thanked Mr. Halpern for his application. She asked. him what two terms he previously served on, the Board of Adjustments. She remarked that she had an e-mail from a resident stating that the Town is entering a new phase and that new faces to a few of the Boards would be best for the Town. Mr. Halpern responded that he served on the Board of Adjustment and Code Enforcement Board from 2003 to 2006 and 2006 to 2009, concurrently. Mayor Zelniker remarked she appreciated him taking two seats on two different boards and noted that with his extensive engineering background, he is definitely a qualified candidate. Town Clerk Gaskins introduced applicant Fred Rosen. Fred Rosen remarked that Boards need good people who know how to make decisions. His qualifications include: • He brings 55 years of business experience • His most recent business, Sleep Innovations, started in 1997 with $3 million in sales and ended nine years later with $300 million. • Started own factories around the country and had to approach boards and mayors and commissioners of small towns to negotiate for land, buildings, tax abatements, zolling changes to open the factories in such small towns as Tupelo, Mississippi; Elkhart, Indiana; and Rancho Cucamonga, California. Retailers opened distribution centers. He stated he hopes that the Commission would consider giving this Board back the yes and no vote, to let them have the teeth that they need to make decisions. Commissioner David thanked Mr. Rosen for his application and had no questions. Commissioner Donaldson thanked Mr. Rosen for applying and remarked the kinds of skills he mentioned are exactly what he is looking for in this position. Commissioner Gossett -Seidman had no questions and thanked Mr. Rosen for his application. Vice Mayor Babii thanked Mr. Rosen for his presentation and had no questions. Mayor Zelniker thanked Mr. Rosen for his application. She mentioned the boards need people to participate. Town Commission Workshop Minutes Date: May 28, 2019 Paye 7 of 29 Town Clerk Gaskins introduced applicant Richard Bailyn. Richard Bailyn presented his application. He noted he is a fresh face and has not been involved in any of the workings of Highland Beach but would like to do so. His qualifications are: • He is a physician practicing neurology. • He came to Florida in 1978 after completing his medical education at Cornell University and took a position as a professor of neurology at the University of Miami. He was subsequently in private practice in Boca Raton until approximately 10 years ago when he rejoined the faculty at the university. He runs a satellite clinic in Boca Raton. • After 48 years of medical practice he will retire, which will give him the opportunity to participate in the civic workings of Highland Beach. • He has been a full-time resident of Highland Beach since 1999 and spent 10 years as the president of the Ocean Grande Place HOA. He had to appear before the Board of Adjustment and Appeals and asked for a change in variance regarding the height of an entry gate and appeared in opposition of a variance requested by the developer of the townhomes across the street. He learned how the Board works and was very intrigued and interested in it. • His medical career required him to be a decisive person. He is quick, analytical, and very unbiased and apolitical, and has no vested interest in any of the real estate or other enterprises in Highland Beach. He would be a fair and effective member of the Board. Commissioner David remarked Dr. Bailyn answered the one question she had and thanked him. Commissioner Donaldson congratulated Dr. Bailyn on his retirement and remarked that he remembers the two cases he referred to as he was on the Board of Adjustment and Appeals at the time. He recalled how clear and concise Dr. Bailyn's arguments were, and how the process was handled very professionally. He then thanked Dr. Bailyn for his application. Commissioner Gossett -Seidman thanked Dr. Bailyn for his application. She wanted to clarify that her husband is a doctor and that she has no connection with Dr. Bailyn, therefore no conflict of interest. Secondly, she asked Dr. Bailyn to specify his exact previous experience working with the Board of Adjustment and Appeals. Dr. Bailyn explained he was an applicant for a variance in the building code which related to the height that was allowable for his community's front gate because they wanted to change the configuration of it, and the variance was granted. The second issue related to the placement of air conditioning units in the townhouse development across the street from his community, and ultimately came to a compromise so that both his community and the developer were happy with the outcome. Town Commission Workshop Minutes Date: May 28, 2019 Pace 8 of 29 Vice Mayor Babij congratulated Dr. Bailyn on his retirement and thanked him for his presentation, and stated he admires his communication style. He had no questions. Mayor Zelniker thanked Dr. Bailyn for his application and stated he has very good qualifications. She mentioned with the codes, she has always been concerned with ADA compliance and perhaps that is another area for them to utilize his experience. 2. Code Enforcement Board — One (1) Vacancy for a Three -Year ""erm and One (1) Vacancy for an Unexpired Term ending July 2021 Board Applicant: Carl Gehman Town Clerk Gaskins introduced applicant Carl Gehman. Carl Gehman stated he has been on the Code Enforcement Board previously and ran for Commissioner twice. He remarked he has had issues with the Town and Commissioners and if the Commission does not accept his application, that is fine with him. Commissioner David thanked Mr. Gehman for his application and had no questions for him. Commissioner Donaldson remarked it is good to see Mr. Gehman back and that he would have no problem with a consensus appointment for a three-year term. Commissioner Gossett -Seidman thanked Mr. Gehman for returning and lending his services again and had no questions. Vice Mayor Babij thanked Mr. Gehman for his presentation and had no questions. Mayor Zelniker remarked she is glad to see Mr. Gehman again and thanked him for his application. She stated that because there is only one person applying for the position, the Commission can make this a consensus. Commissioners David and Donaldson agreed to make it a consensus. Commissioner Gossett -Seidman stated she was interested in looking at a pool of candidates eventually but that can be discussed later. Vice -Mayor Babij disagreed, stating that it is not reflection on Mr. Gehman but that Commissioner Gossett -Seidman wanted a discussion on it and they should have a discussion later. Mayor Zelniker stated that next week there will be a vote. Town Commission Workshop Minutes Date: May 28, 2019 Paize 9 of 29 3. Natural Resources Preservation Advisory Board — Two (2) Vacancies: One (1) Three -Year Term and One (1) Unexpired Term Ending April 30, 2021 Board Applicant: Susan Ameling-Stern Town Clerk Gaskins introduced applicant Susan Ameling-Stern, noting that the applicant was not available to attend the meeting but spoke with the Commissioners at the last meeting and sent an e-mail which was included in the agenda packet, so it is at the Commission's discretion. Mayor Zelniker stated that it has been past practice to have an applicant come before the Commission for an interview. Commissioner David stated that Ms. Ameling-Stern's application should be taken into consideration at the next meeting. Commissioner Donaldson remarked he has exchanged some e-mails with Ms. Ameling-Stern, that he was very impressed by her interest in this particular board and looks forward to taking her application under consideration at the next meeting. Commissioner Gossett -Seidman agreed. Vice Mayor Babii asked if was possible to interview her and vote on her application at the next meeting, stating the public deserves to hear the interview. Town Clerk Gaskins stated she will confirm when Ms. Ameling-Stern returns and will place it on that agenda. Mayor Zelniker agreed with the Vice Mayor, stating it would set a precedent. 4. PlanninI4 Board — Two (2) Vacancies for a Three -Year Term Board Applicants: Eric Goldenberg Carol Stern Brian DeMoss Town Clerk Gaskins introduced applicant Eric Goldenberg. Eric Goldenbert; stated he has been a resident of Highland Beach for 19 years. He has been a very active participant and quite verbal at the HOA meetings. He has also served for three years on the HOA board. He stated that he is a team player, a logical person, and educates himself on different subjects. He believes that the role of the Town Commission Workshop Minutes Date: May 28, 2019 Patie 10 of 29 Board is to gather the information, have a logical and reasonable method to advise the Commission on what they need. to do by working in an advisory capacity. Commissioner David stated the Town is in desperate need of long-term planning. She asked Mr. Goldenberg how he suggests they start going about even a two-year plan. Mr. Goldenberg replied input from other Board members is needed, that there is no way to know what needs to be done in the future until more information is gathered. He believes building plans, open land, beaches, and the highway are some concerns that affect the quality of life. Commissioner David asked where he would envision open land and Mr. Goldenberg replied that there is really no open land. He thinks that for him to talk about that without having more of an education other than superficial understanding of what is going on is not a responsible thing for him to do right now. Commissioner Donaldson stated that Mr. Goldenberg has done his homework and has a good grasp of what is going on and where he would like to go. He thanked him for applying. Commissioner Gossett -Seidman thanked Mr. Goldenberg for his application. She asked him what he would consider to be the top attribute from his background. Mr. Goldenberg responded that he was a TV news cameraman for 27 years and he has seen some of the background of what is going on and he can cut through a lot of the "stuff" and try to get to the kernel of what is important and then try to educate himself on what that is and help the Board to help the Commission. Commissioner Gossett - Seidman asked Mr. Goldenberg about his editing experience and he replied that he has done in -office and field editing, and that he was well respected in his field. Vice Mayor Babij thanked Mr. Goldenberg for his presentation and had no questions. Mayor Zelniker thanked Mr. Goldenberg for applying and noted that he worked in warzones. He responded that he was in the Gulf War and was the first crew in Hurricane Andrew in Homestead, Florida, bringing the world pictures of exactly what occurred, and he put his life on the line in dangerous situations. Town Clerk Gaskins introduced applicant Carol Stern. Carol Stern stated she was Chairman of the Planning Board for three years but took off for two years due to the death of her husband, Louis Stern. She noted she has been a resident for 23 years, and that her husband was a Commissioner and also head of the Planning Board for six years. She feels she would be an asset to the Board again. Commissioner David thanked Mrs. Stern for applying and she had no questions. Commissioner Donaldson remarked he thought very highly of Lou Stern, who worked diligently for the Town and is sorely missed. He stated that while it is good Town Commission Workshop Minutes Date: May 28, 2019 Paue 11 of 29 to see new faces for Boards, he thinks history and knowing about the Town is also important. Commissioner Gossett -Seidman thanked Mrs. Stern for her application and remarked that her late husband was an asset to the community. She had no questions.. Vice Mayor Babii thanked Mrs. Stern for her application and her previous service. He had no questions. Mayor Zelniker asked Mrs. Stern if she was part of the Charter review and Mrs. Stern responded that her late husband was. She asked if she was involved with the construction of the Town Hall and Mrs. Stern replied that she was not but her late husband might have been. She thanked Mrs. Stern for applying. Town Clerk Gaskins introduced applicant Brian DeMoss. Brian DeMoss stated he began attending meetings when he heard about the referendums. He presented the following qualifications: • He worked for the Army/Air Force Exchange Service for 30 years. At any given time, he was responsible for eight to ten installations, roughly $300 million in sales, and several thousand employees, providing goods and services for members of the armed forces and their families and retirees anywhere in the world. He has moved 13 times, living in Belgium, Guam, and South Korea, giving him an understanding of how the world works. • His experience may qualify him as a city manager. • He dealt with commercial properties on military installations, including main stores, convenience stores, gas stations, fast food restaurants, and laundries. • His main duty was to ensure quality of life for the citizens on the installations. • His goal was planning the future -- renovating stores, planning new stores, etc. -- working with -civil engineers. Commissioner David thanked Mr. DeMoss for his presentation and had no questions. Commissioner Donald thanked Mr. DeMoss for applying. He stated that Mr. DeMoss hit the right tone by mentioning the future, which is the essence of planning, anticipating what needs to be done now to be ready for the future. Commissioner Gossett -Seidman stated that it is evident that Mr. DeMoss has the ability to plan and foresee people's needs in other countries. She did not have any questions but commended him for his service to servicepeople. Vice Mayor Babij thanked Mr. DeMoss for his service and his presentation. He had no questions. Town Commission Workshop Minutes Date: May 28, 2019 12 of 29 Mayor Zelniker thanked Mr. DeMoss for volunteering and for his application. It was the Consensus, of the Commission to place this item on the June 4, 2019 Regular Meeting Consent Agenda for approval. Town Clerk Gaskins read Item 8B into the record. B. Upcoming Meetings and Events 1. Town Commission Regular Meeting — June 4, 2019 2. Planning Board Regular Meeting — June 12, 2019 — 9:30 AM 3. Natural Resources Preservation Board Quarterly Meeting — June 13, 2019 — 9:30 AM 4. Town Commission Workshop Meeting — June 25, 2019 — 1:30 PM Town Clerk Gaskins read Item 8C into the record. C. May Advisory Board Action Reports David Axelrod, Chairperson of the Planning Board, stated that there was some discussion regarding short-term rental properties, that condominiums were exempt from state law. The Board discussed with management companies and attorneys, who clarified that state law overrules the condominium bill. He stated they also discussed crosswalks and sometime in the near future the Town will have its crosswalks. Mayor Zelniker stated that in the minutes for the Board of Adjustment and Appeals meeting held on May 20, 2019, the Board approved a variance for relief from the setback requirement, but it does not state why the variance was approved. She stated that she would like all the advisory boards to give an explanation of why a variance was or was not approved. Town Manager Labadie said he will look into it and give background information or a motion cheat -sheet. The Mayor asked if anyone on the Commission attended the meeting. Commissioner David replied that she attended the meeting and the approval was for possibly a foot -and -a -half or two -foot variance and that neighbors within 300 feet did not complain about it. It was for the installation of a whole -house generator and based on the location of the property, there was no other place to put it. Town Manager Labadie asked that the Commission not discuss it because it will come back to the Commission for final approval. 9. PROPOSED ORDINANCES AND RESOLUTIONS Town Clerk Gaskins read Item 9A into the record. A. PROPOSED ORDINANCE / GENERAL ELECTIONS Town Commission Workshop Minutes Date: May 28, 2019 Page 13 of 29 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 1.06(2) OF THE TOWN CHARTER TO ALLOW GENERAL ELECTIONS TO BE HELD CONCURRENT WITH ANY STATEWIDE OR COUNTYWIDE ELECTION AS PROVIDED FOR IN STATE LAW; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie introduced this item. He stated the statewide election for the primary is going to be later than the normal local election. The idea of the ordinance is to modify the date that is stipulated in the Charter to move that date back to align with the statewide election. State Statute 101.75 allows by any ordinance to modify the Charter to do such. Town Attorney Torcivia concurred with the Town Manager and stated that the State is suggesting that municipalities adopt this ordinance. The last time this was done was in 2016. Commissioner David commented that since this was requested by the Supervisor of Elections, it would behoove the Commission to do it and it will save the Town money. She recommends putting this item on a consent agenda. Commissioner Donaldson stated he does not have a problem putting this item on a consent calendar. He commented that it settles the date issue but does not necessarily settle the location issue. Town Manager Labadie responded that the location is settled, that it is St. Lucy Church because it is a polling location for a state election. Commissioner Gossett -Seidman asked for the origin of this item. Town Clerk Gaskins responded that the Palm Beach County Supervisor of Elections office sent an e-mail to every municipal clerk in Palm Beach County, which stated that due to the presidential preference primary, they are encouraging the municipalities to move their election to the same date. A copy of the e-mail is in the agenda packet. Commissioner Gossett -Seidman asked if the origin of each agenda item could be noted. She stated that she agrees with moving this item forward to the consent agenda. Vice Mayor Babii asked if there is a deadline to inform the Supervisor of Elections that the change was made. Town Attorney Torcivia replied that once the ordinance is adopted, they would like to know sooner rather than later. Town Clerk Gaskins clarified there is no deadline but they prefer the municipal clerks give them the adopted ordinance as soon as possible. The Vice Mayor stated that he is not biased to put this item on the consent agenda only because he does not know if they have had a discussion with St. Lucy Church. Town Manager Labadie stated he will reach out to them and stated they are starting to rebuild a relationship with them. Commissioner David clarified that it is not the Town that is choosing the church, that it is the state. The Vice Mayor stated he sees no reason to send a message of this is going on a consent agenda; he does not have any issues with it, but he thinks they Town Commission Workshop Minutes Date: May 28, 2019 Pace 14 of 29 should move all ordinances forward slowly and methodically. The Town Attorney reiterated this ordinance only sets the date, not the location. Commissioner Gossett -Seidman asked that since Town Charter changes require a vote by the people, what is the language which allows them to bypass that. Town Attorney Torcivia explained that the state legislature passed a law approximately 10 years ago that specifically addressed this situation; that even if there is a charter provision, the state is overruling that as long as the local municipality passes an ordinance. An election date can be changed by ordinance on only the presidential preference primaries to avoid not just the cost but the logistics of having two elections a week apart. Commissioner Gossett -Seidman asked that this be communicated to the residents. This item will be placed on the June 4, 2019 Regular Meeting Agenda for discussion. 10. NEW BUSINESS A. Approval of Meeting Minutes April 2, 2019 — Regular Minutes April 23, 2019 — Special Minutes April 30, 2019 — Workshop Minutes Commissioner Donaldson found errors on the April 2, 2019 meeting minutes, under Town Manager Report. Town Clerk Gaskins stated she caught the errors and changed the official minutes. It was the Consensus of the Commission to place this item on the June 4, 2019 Regular Meeting Consent Agenda for approval. B. Discussion on a Date and Time to Schedule the 2019 Lillht Up the Hol,'days Event: 1. Discussion Regarding Trolley Services Town Manager Labadie stated that options for ,this event are Wednesday, November 27, 2019, to kick off the Thanksgiving Holiday, or Thursday, December 5, 2019. He noted that December 5 is a Thursday, not a Monday. Commissioner David stated December 5, 2019 is the better choice. She inquired about the cost of the trolley and Town Manager Labadie replied it was $600. He stated the trolley for the Light Up the Holiday Event was well used, but for the Spring Fling, there was much lighter usage because it was a beautiful day and people walked in. Commissioner David then asked if there was any effort to move it back to St. Lucy Church, in which case a trolley would not be needed because the church has adequate parking and an arrangement could be made for that. Town Manager Labadie stated he would reach out to the church and report back to the Commission. Town Commission Workshop Minutes Date: May 28, 2019 Pace 15 of 29 Commissioner David asked if there will be discussion on what the holiday ornaments will look like and if they would get rid of the contract they currently have, where it costs $100,000. The Town Manager replied he will move this question to the top of his to-do list and reach out to them to see if they could modify the size. Commissioner Donaldson stated at first glance he prefers November 27, 2019 because it is a time when a lot of the working residents are either off work or are taking a half-day, and a time when most visitors are coming in as well, which might increase the crowd. He remarked that the trolley was a hit from the responses he received from residents, and he would like to keep the trolley. Commissioner Gossett -Seidman stated she prefers December 5, 2019 because residents will be busy preparing for Thanksgiving and it will be a hectic day for many people. She remarked that she concurs with Commissioner David, that she would like the holiday decor reduced. She remarked that the trolley makes routine visits to Delray Sands, and it often is in town picking up passengers to traverse the two sites. She asked if the Town Manager could also research if the trolley could travel south another mile and a half to traverse of the whole Town. Vice Mayor Babij agreed with Commissioner Gossett -Seidman, that many people travel for the Thanksgiving holiday so December 5, 2019 would be the better date. He agreed with Commissioner David on figuring out the cost of the trolley before they commit to it, and that they should reach out to the church. Mayor Zelniker agreed that December 5, 2019 is the better date because the evening of December 22, 2019 is the first lighting of a Hanukkah candle and December 25, 2019 is Christmas. She further stated that on Wednesday, November 27, many residents go back "home" to be with their families so they will not be in town. It was the Consensus of the Commission to place December 5, 2019 as the date of the 2019 Light Up the Holidays Event on the June 4, 2019 Regular Meeting Consent Agenda for approval. C. Consideration to Approve and Authorize the Mayor to Execute the Second Amendment to the Agreement between the Town of Highland Beach and Torcivia, Donlon, Goddeau and Ansay, P.A. for Legal Services. Town Manager Labadie introduced this item. He stated that the first amendment stipulated who would serve as the Town's prime attorney and who would be back-up. The new amendment looks to keep that open-ended so they can select the attorney from one of their qualified attorneys to serve as the prime. It also fixes the compensated rate at the 2008 amounts until September of 2020. The 3% annual increase will not be in effect for the next two years. Starting in October they did return funds, approximately $3500, from October through January. They were returned about a month ago. The Town Commission Workshop Minutes Date: May 28, 2019 Nee 16 of 29 second amendment would allow for the change of the primary attorney. The fixed cost and all other terms and conditions remain the same. Commissioner David remarked that making the adjustment to not name a primary attorney is a good idea. She stated she has knowledge of fees charged by attorneys and the current Town Attorney fees are very reasonable. Commissioner Donaldson inquired if there is a time period in the full agreement. Town Attorney Torcivia replied it is terminable at the Commission's pleasure with 30 days' notice. The Town Manager concurred there is no termination date; it is not a fixed -term professional services agreement. Commissioner Gossett -Seidman stated that, for the record, she is interested in bidding out the attorney services to see if there is another firm that would be better serving or if the services should be brought in-house. She commented that many contracts, including the Christmas decor, were not bid properly. Vice Mayor Babii stated he likes the 30 -day right to cancel agreement; however, he was surprised this was in place since 2012 without an RFP. He clarified this is not a reflection on the firm, just that they are spending residents' money and questioned if they are comfortable on how they are spending it. He stated one of his favorite quotes is, "If we weren't already doing it this way, is this the way we would start?" He concurred with Commissioner Gossett-Seidman's comments on this item. Mayor Zelniker commented that since she has been with the Town, the current law firm has been here and they know the history of the Town. She stated they must consider the fact that when they had a termination of a Town Manager and a hiring of an interim Town Manager, the costs associated were not usual costs; when they started changing codes and ordinances, something they had never done before, the fees were quite a bit higher. She stated that she found Pamela Ryan to be a beacon of the law, that nothing was done illegally or in a hidden manner. She remarked that the reason she got involved with the Town in 2013 was because the Commission Chambers was built without a referendum. She felt they were in a bit of a flux at the time, had to do what was necessary, and the fees were very high. She added that the current law firm came highly recommended and is one of the best law firms from a small municipality. Commissioner David remarked that hiring an in-house attorney is not a good idea because one person could not possibly be an expert in every area; whereas when contracting a law firm, they could draw upon the knowledge of many attorneys with expertise in various areas. She stated that the Town Attorney's firm has connections with other municipalities _in the state and sometimes a long-term history is a good idea. Town Attorney Torcivia stated that his firm was brought on board after an RFP -type process, and they reduced the Town's budget by over 25% in their first couple of years. Because they have attorneys who specialize in various fields, they were able to cut the fees. He stated that this past year was a very unusual year with the bond issue and other Town Commission Workshop Minutes Date: May 28, 2019 Paue 17 of 29 issues. He commented that former Vice Mayor Nila proposed a monthly budget of $15,000 and their fees averaged approximately $8,000 per month. Little did he know their fees were going to be much more than $15,000, which is why he suggested to the Town Manager that they do not want to raise their fees this year or next year because the Town spent a lot more than anticipated over this past year. He remarked that the main purpose of this item was to remove the stipulation of who would be the primary attorney. Commissioner Gossett -Seidman added that her comments were no reflection on Mr. Torcivia or Ms. Ryan. She stated that she would be more comfortable providing the residents the knowledge that the services were bid. She proposed that at the next meeting, the Commission discuss getting bids for attorney services. Town Manager Labadie asked if the Commission would feel comfortable with him coming back to the June Workshop meeting with his preliminary research results on attorney fees. It was the Consensus of the Commission to place this item on the June 4, 2019 Regular Meeting Consent Agenda for approval. D. Consideration of an Advisory Boards and Committees Process. Town Manager Labadie introduced this item. He stated that based on some of the conversations that have ensued, he took the liberty of taking each Commissioner's comments, concerns, and suggestions and developing a process by which they would appoint to advisory boards and committees. The draft process suggests having a pool of applicants, a once a year process in which there could be a running pool of applicants that, should at any time during the year they need to fill a vacancy, qualified, pre- screened candidates would be available. Commissioner David stated this is a good idea and suggested taking applications bi- annually as opposed to annually. She asked if candidates would be interviewed by all board chairs or only certain board chairs, and which pool the candidates would be put into. Commissioner Donaldson stated that the process of interviewing and putting candidates into a pool needs to be considered more thoroughly. He remarked that Rick Greenwald had a good comment when he questioned the frequency of picking applicants, that maybe once a year might not be enough. Commissioner Gossett -Seidman stated the Boards are necessary and they need to be strengthened. She agreed with Commissioners David and Donaldson on interviewing candidates twice a year, and she is interested in a candidate pool. She stated that choosing a candidate should not be political and that the most qualified candidate should be chosen. She stated the Town Manager's draft is a great starting point and would like the opportunity to re -read it and cross reference it with research she has conducted. She remarked she would like residents from all parts of the Town represented so that they feel they have a voice. She thanked the Town Manager for doing a great job. Town Commission Workshop Minutes Date: May 28, 2019 Paue 18 of 29 Vice Mayor Babij stated the document is a great first draft and he liked it. He echoed the other Commissioners' statements that applicants should be chosen twice a year. He suggested maybe applicants could list the boards on which they would like to serve and rank them. He stated that resident feedback is necessary because this is for the residents. Mayor Zelniker agreed with the Commissioners' comments. She stated it is a great first draft. She suggested changing the wording for agreeing to place this item on the consent agenda to "...is there a consensus to continue forward with evaluating this particular proposed resolution." She feels more work is necessary before it is put forward for consideration. Town Manager Labadie agreed it is a good way to reframe it. Commissioner Gossett -Seidman suggested sending e-mails to residents and Boards for their review of the document. She stated residents should be given a chance to voice their opinions and suggestions. She remarked she is in favor of moving meeting times to afternoon or early evening, and staggering staff hours, if necessary, so working residents can attend. Town Clerk Gaskins read Item l OD 1 into the record. 1. Discussion of Overall Advisory Boards' Composition, Duties and Procedures and specifically for the Board of Adjustment and Appeals. Commissioner Gossett -Seidman (AGENDA ADDENDUM) Commissioner Gossett -Seidman introduced this item and stated there needs to be a process where a resident can appeal a decision made by the Town Boards. She also stated that the Boards, the Town Commission, and the Town Manager should be kept in a communications loop. She reiterated that there needs to be a process where all parties are in the loop. She suggested another party provide a second look for checks and balances. She has spoken with the League of Cities and state officials and discovered most municipalities have a system of checks and balances. She stated the Board of Adjustment and Appeals should have a vote and then it should go before the Commission for a second look. If there is a problem with the decision on the part of the Board, resident, or developer, then there is a second look within the Town. She stated that if a resident is denied a variance, or if a resident is granted a variance and a neighbor objects, they should not have to go to court right away; they should have the right to an appeal. She feels that no one person in the Town should feel they do not have recourse to a judgment. Commissioner David commented that she would like to streamline Commissioner Gossett-Seidman's proposed process because it sounds like it is being made more complicated than it is. She also believes there needs to be a point where common sense plays into a decision. If a variance is requested from the Building Department and it is denied, there should be an appeal. She stated she does not .believe any denied variance from the Town has been taken to court. Town Attorney Torcivia stated that there has not been a lawsuit regarding a denied variance during his tenure. Town Commission Workshop Minutes Date: May 28, 2019 Paue 19 of 29 Commissioner David stated that some variances that are requested are almost de minimis, in which case she thinks the Board of Adjustment and Appeals should certainly be able to rule on those. She stated that she has read that for certain small items, such as pathways, patios, air conditioners, and generators, that the Building Department has the right to waive it slightly, but that neighbors are to be notified. She remarked that if none of the neighbors object, then why would anybody else care, as long as it is not creating a hazard. She feels there needs to be a different set of rules, however, to cover larger changes such as expanding half of a house. But for smaller issues, the Board should be allowed to do its job. She stated that the Code Enforcement Board meets when there is a code problem that needs to be enforced and that the Commission does not need to hear these. She asked if code enforcement violations have been appealed and the Mayor replied affirmatively. Commissioner David asked if having it before the Commission would have made a difference so it would not have been appealed to the court. The Town Attorney replied that in general -- not specific to Highland Beach -- a code board or a special magistrate issues an order and that order can ultimately get appealed to circuit court, but those cases are minimal, fewer than I%. Town Manager Labadie stated that board decision bases can be built as an appeals - based code system or review system so the lower boards would make the final decisions, per se. Anybody that is aggrieved by that decision could appeal it to the Commission as the final arbiter of that decision. Commissioner Donaldson stated he is also a strong proponent of keeping the Board of Adjustment and Appeals independent. He agreed with Commissioner David that it is overreach and that the best use of the Commission's time is policy and not enforcement. He opined that if the Commission becomes an appeals board, it brings politics into the picture and that is not a good thing. He stated that some of Commissioner Gossett-Seidman's points were well made and need to be addressed. Vice Mayor Babii stated there are things that could be improved framework -wise and process -wise, but he thinks this is a "chicken and egg thing" as well. He thanked Commissioner Gossett -Seidman for the overview but asked if there are specific items she wants to address; they should be addressed. Mayor Zelniker remarked there was only one person who did everything and it did not work out. The Town now has a wonderful Building Department. She stated the Town needs new codes and they have to be enforced. Town Manager Labadie commented that the notice provisions need to be cleaned up and the appeal -based system warrants more conversation. He stated he needs to do a better job on presenting the Commission a workflow process so that the residents start to see how the decision-making process works. Town Commission Workshop Minutes Date: May 28, 2019 PaLie 20 of 29 It was the Consensus of the Commission to have Town Manager Marshall Labadie continue this project and report back to the Commission. E. Consideration to Repeal Ordinance No. 18-008 O. Commissioner Gossett -Seidman and Commissioner Donaldson Commissioner Donaldson stated he is looking for a vote to return full voting powers to the Board of Adjustment and Appeals. He asked the Commissioners to go along with the idea of a vote to repeal and replace the ordinance with language more in line with what it was before. He does not think this is going to practically happen by next week and can see giving Legal time to pull this together for the next Workshop Meeting where they can see the exact language; and -then make a decision. Commissioner David agreed with Commissioner Donaldson and stated she would vote to repeal this ordinance. Commissioner Gossett -Seidman disagreed. She stated she is making a decision for the people who have contacted her over the past year and two months, and she would like to discuss it more. She stated she would like to copy the Commissioners on the variances the Town has approved in the past. She remarked this is not about giving back power; it is about checks and balances. Vice Mayor Babii stated he falls between everybody and quoted "The first step to get out of a hole is stop digging." He feels like the Commission is digging. He remarked the legislative process should be methodical, slow, and calculated. There are good arguments on both sides of this debate and he would like to know what other towns are doing. He stated he likes the Board of Adjustment and Appeals handling what he calls low -impact items, but that the high -impact items should be addressed by elected officials and not necessarily advisory boards or could be addressed collectively together.. He stated he is not concerned about the number of variances granted and feels the Town's codes are overly restrictive versus a lot of other towns. He is not in favor of just reversing the ordinance because he feels that would be very reactive. He would like to have more information and discussion, including resident input. Mayor Zelniker agreed with the Vice Mayor and read a few e-mails she received from residents. She stated she agrees with a system of checks and balances, and there needs to be more discussion before this ordinance is repealed. Commissioner Donaldson commented that issues come to the Board of Adjustment and Appeals because they have already been turned down by the building official because they failed to meet the code, hence they seek a variance. He stated the process should not be easy and it is not easy. He remarked he would like a discussion with his fellow Commissioners to see what they can come back with, but strongly suggests they start getting feedback from the chairperson and members of this particular Board. Town Commission Workshop Minutes Date: May 28, 2019 Pace 21 of 29 F. Discussion on a Format for Public Input at Town Commission Meetings. — Vice Mayor Babi j Vice Mayor Babij opined that the meetings are a little inefficient. There are public comments at the beginning on agenda items, a lot of them guessing on what the Commission is going to talk about. Then there is a Commission discussion, then public comment at the end. He stated the purpose of this item was to explore another way to conduct the Commission meetings, the goal of which is to get public input at the time of the agenda items. He suggested the format should be the Town Manager presents the agenda item, the Commission holds initial discussions, the public comments on the item, the Commission discusses further and decides what they want to do next. Public comment at the beginning and end of the meeting would be for non -agenda items. He added that municipalities that follow this format include Ocean Ridge, Briny Breezes, Manalapan, South Palm Beach, Gulfstream, and Boynton Beach. Commissioner David stated it is a good idea as long as the Commission keeps a tight reign on the process and it does not get out of hand. Commissioner Donaldson commented that some examination of the process needs to be explored. He stated that the Commission just took action to try to give citizens more participation by lengthening the comments to five minutes. He suggested they limit beginning public comments to five minutes and to three minutes for comments on agenda items. Vice Mayor Babij added that most of the towns that use this process have three-minute comment periods, not five-minute comment periods. Town Attorney Torcivia stated that most towns have a two or three minute limit. On consent agenda items, they usually have one two- or three-minute period to comment on all consent agenda items. He stated it would be best for citizens who have comments on agenda items comment first, and that would be something the Commission needs to think about. Commissioner Gossett -Seidman commented that at the last League of Cities workshop she attended, out of 40 towns represented, none gave five minutes for public comment, so residents of Highland Beach should be happy with the amount of time they are allotted. She concurred with Commissioner Donaldson that one of the time periods could be shortened but remarked their inboxes would be inundated with messages from residents. She stated that she researched the past 14 months of meetings to see how many agenda items had gone missing or forgotten about, and that the Commission voted 5-0 last August to be able in a workshop meeting to answer the residents when they spoke, but they just forgot about it. She said she agrees with the Vice Mayor's proposed meeting process. Mayor Zelniker gave an example of how meetings are conducted by her condo board. She stated she is in favor of allowing the citizens the right to speak on any topic the Town Commission Workshop Minutes Date: May 28, 2019 PaLye 22 of 29 Commission is discussing, and she would very much like to try the Vice Mayor's process. Town Attorney Torcivia stated he feels the proposed process would make the meetings more efficient. Town Manager Labadie asked the Commission how quickly they want to put the process in place. The Vice Mayor responded that the rules of engagement need to be very clear. Commissioner David replied the Commission could try adjusting the process via the agenda. It was the Consensus of the Commission to place this item on the June 4, 2019 Regular Meeting Consent Agenda for approval. G. Discussion on Efficiency of Commission Procedures and Decisions, and Unfinished Business and Proiects from 2018-2019. — Commissioner Gossett -Seidman [THIS ITEM WAS MOVED TO THE JUNE WORKSHOP MEETING] H. Discussion on Honorary Chairpersons for the Proposed Town 70th Anniversary Celebration Proposed for the fall. Commissioner Gossett -Seidman Commissioner Gossett -Seidman introduced this item. She stated she would like Mrs. Stern, Mrs. Sheridan, and Mrs. Feldman, the widows of past Commissioners to serve as honorary chairpersons and help organize the event. Mrs. Stern commented she would be willing to be co -chairperson along with Mrs. Feldman and Mrs. Sheridan and that she could not do it herself. Commissioner David agreed with Commissioner Gossett -Seidman. Commissioner Donaldson agreed. Vice Mayor Babij agreed. Mayor Zelniker agreed and stated that Mrs. Stern also served on the Culture Board. Commissioner Gossett -Seidman asked the Town Manager to confirm with the other two ladies, and Town Manager Labadie stated he would reach out to them. It was the Consensus of the Commission to place this item on the June 4, 2019 Regular Meeting Consent Agenda for approval. 1. Discussion on Commissioner Donaldson Participatinil as a Member on the Florida Leallue of Cities Utilities, Natural Resources, and Public Work Committee. — Commissioner Donaldson. Town Commission Workshop Minutes Date: May 28, 2019 Paye 23 of 29 Commissioner Donaldson presented a background on the Florida League of Cities He stated the League of Cities is the front-line organization that helps to protect home rule and is the organization that they speak through to take overall agendas to the state legislature and promote items they feel help protect the home rule and help the communities. He noted that the League of Cities has a group of legislative policy committees that includes a Legislative Committee, a Resolutions Committee, and an Advocacy Committee: ' He stated the committee he is interested in is the Utilities, Natural Resources, and Public Work Committee, which has 46 members. This committee is chaired by Stuart Glass, Deputy Mayor of the Town of Indialantic. He stated that the FLC Annual Conference, a very important meeting, will be held on August 15, 2019, and he has a scheduling problem and will not be able to make that meeting. He stated that Commissioner Gossett -Seidman, the Town's voting representative for the FLC, and other Commissioners should attend. Commissioner David stated that the purpose of the annual meeting is to come up with ideas to present to the general membership, who would then see that representatives at the state level take this forward, that it is not really committing the Town to do anything, it is just information gathering. Commissioner Donaldson clarified that it is not committing the Town to do anything, that the group comes up with a limited number of resolutions or positions that they want to push to the legislature. Commissioner Gossett -Seidman asked if the Town is missing out by not having more representatives present at the meetings, or can they get access to the information without him attending. Commissioner Donaldson stated there are some municipalities who divide membership among the committees. He noted that there is only one seat open on each committee because of Sunshine Laws, so it is one person and that is it for one committee. Commissioner Gossett -Seidman then asked about cost to the Town for Commissioner Donaldson's trip to Orlando for the meetings. The Town Manager replied that if they followed the strict travel code, it would be mileage. If it was multiple days, it would be a per diem for a stay and meals because they apply directly to Commissioners as they do for employees, and that there are provisions in the budget to cover these types of events. Commissioner Gossett -Seidman requested that Commissioner Donaldson provide a written report to the Commission after attending each meeting. Vice Mayor Babd thanked Commissioner Donaldson for the presentation and asked if there is a term associated with membership to this committee. Commissioner Donaldson replied it is an annual term that opens up for membership each year and that he would have to re -apply for the Commission's consent each year. The Vice Mayor asked about the number of meetings the Commissioner would be attending, and the Commissioner noted there are three meetings he can attend and one he could not. The Town Manager clarified that if there is anything that is going to be brought to the League regarding Highland Beach, a Commission consensus would be necessary. Town Commission Workshop Minutes Date: May 28, 2019 Paue 24 of 29 Mayor Zelniker stated that the Town is part of the League of Cities, and that the more knowledge they have - as Commissioners, the better. She remarked that all the Commissioners should be encouraged to be involved with the League. Town Manager Labadie stated that all Commissioners except Commissioner Donaldson will be attending the FLC Annual Conference and that would meet the state requirement for the ethics component. He noted that the meeting would be the Commissioners' orientation to the group and would provide an opportunity to meet and network with commissioners from other municipalities. Commissioner David stated she agrees to consent, subject to the Vice Mayor's conditions, which he clarified are costs associated with membership in the committee, and that it should be documented that any Highland Beach items being brought to the League need to have Commission approval before they are presented. J. Discussion on Disruption of AIA. Commissioner Gossett-SeidmanTf HIS ITEM WAS ADDED To 'r H[E AGENDA Commissioner Gossett -Seidman stated that Section 5.02 in the Town Charter that says no public franchise of any description shall be granted except by ordinance. She asked why this would not apply to anyone coming in and working on the right-of-way. She stated that in one month the Town has had three disruptions that she is aware of, of AIA on the right-of-way and she feels there should be an ordinance in place. The Town Attorney stated he will report back next week. Commissioner David commented she is not sure that the Town controls A 1 A and they have the right to do that, certainly in the case of an emergency. Commissioner Gossett -Seidman stated that if the workers on AIA are responsible for a breakage of a utility or sewer, then the Town needs to know in advance that those workers are coming to work, which was not the case when the gas line was severed twice. They came in and performed work without advance notice to the Town. Town Manager Labadie stated that it is the responsibility of the Engineer of Records to notify local agencies and that the Town is not receiving that notification. He noted he will do more research on this issue. Commissioner Donaldson stated it is his understanding that when a gas line is damaged, the workers are required to call 911 and notify the authorities of the break. Town Manager Labadie stated that the sewer system is made out of old clay and when it was damaged during a directional bore, no one noticed that it got hit. Commissioner Gossett -Seidman asked the Town Manager if there is a plan to re-evaluate the old clay sewer system before anything happens on the roadway. The Town Manager stated that Mathews Engineering, who does the Town's sewer work, examined the sewer system and noticed the pipes are all clay but are still doing well. He stated that it is time to do a five- year capital plan to overhaul the system, or the Town has to consider a referendum if it is Town Commission Workshop Minutes Date: May 28, 2019 Paue 25 of 29 addressed earlier because the project will cost over $1 million to complete. Hopefully, the clay pipes will last so that it can be done incrementally over many fiscal years. He noted the engineers have not gotten that far into the analysis to determine if the system can be overhauled over three to five years. He stated it is the last part of the main infrastructure on A IA. K. Discussion of two property -related issues in the Town Codes. Vice Mayor Babij [THIS ITEM WAS ADDED TO THE AGENDA], Vice Mayor Babii stated there are two properties that keep emerging in the codes and they will come up again and again. One is the criteria concerning Unity of Title when a property is not directly across the street. They know there is one residence issue but there are multiple properties at the north end of town that are on the Intracoastal that are for sale, which can be purchased by someone across the street that may not be directly across. The second issue is accessory use of docks. The codes read if you have a dock on your property and you remove the residence structure, it becomes a non -conforming dock. He recommends the Town staff research how other towns are addressing these two issues so they have possible solutions when these issues arise. Commissioner David stated it is a good idea to conduct the research. Commissioner Donaldson agreed that the information needs to be collected. Commissioner Gossett -Seidman agreed. Mayor Zelniker agreed and reiterated that the League of Cities meeting in August is a great opportunity to network with commissioners from other municipalities. 11. UNFINISHED BUSINESS Town Clerk Gaskins read Item 11 A into the record. A. Discussion of Ordinance Amendment Establishing Permissible Encroachments Into Setbacks. Town Manager Labadie reported the discussion began in November. Staff conducted research and Mary found a way to allow to allow them to continue. The Commission at the time determined the list was too exhaustive and needed to be scaled back. The Town Manager scaled it back to a certain series of items in January and it got sidetracked. It is now being brought forward since he has a feel for everyone's general direction on what the Commission feels is setback -related. The list includes: • Allowing generators to be placed in the side yard setback but no closer than seven (7) feet to the closest property line • Allowing propane tanks to be placed, where the fillable portion of buried propane tanks are at or below the nature grade no closer than ten (10) feet of the property Town Commission Workshop Minutes Date: May 28, 2019 PaLye 26 of 29 line except a street or waterway adjacent to the property line no closer than five (5) feet. • Allowing air conditioners that are already installed to be replaced • Allowing steps for the principal building that extend no closer than seven (7) feet to the closest property line • Allowing electric meters, fuse boxes, generator control boxes and tankless hot water heaters to be mounted on a wall of structure two (2) feet from the side of the house. • The non -conformity clause that was placed in January. He gave options for how to conduct a review, referencing a flowchart he created on ordinances: • The Commission conducts a first reading • The Commission conducts a first reading then goes to the Planning Board for its review • The Planning Board conducts a first reading then brings it back for the Commission's first reading • The Commission conducts a first reading, a second reading, and proceed from there. Commissioner David asked if there was any feedback from the Planning Board and the Town Manager replied not on this version. He clarified that the last version did go before the Planning Board, but the current scaled-down version has not been back to them. She stated she has no problem with this item. Commissioner Donaldson asked if comments received from the Planning Board have been taken into consideration in the current draft. The Town Manager replied that they have, but too much was added in and it was scaled down and brought back to the Commission for review in January. Commissioner Donaldson commented he is happy with the current form but is unsure of what steps to take next, either to review it themselves or send it back to the Planning Board for another review. Commissioner Gossett -Seidman stated the ordinance as it sits now is acceptable. She commented the only thing that should be added is keeping track of installation, locations, and/or sizes of propane tanks and generators for safety reasons. Commissioner Donaldson remarked that a constituent asked about decibel ratings on generators and if the Commission wanted to discuss that within the setback ordinance. The Town Manager stated that noise ordinance is on the whiteboard in his office. Vice Mayor Babij commented that the generator point should be moved to the subsequent section in the ordinance. He then stated that he wanted clarification on the 10 -foot for propane tanks versus 7 -foot, why there was a 3 -foot difference. The Town Manager stated it can be changed to 7 -foot. The Vice Mayor commented that the amendment should be sent to the Planning Board for discussion, notifying them that the Town Commission Workshop Minutes Date: May 28, 2019 Paye 27 of 29 document will stand unless they require changes. This would give residents an opportunity to comment at the Planning Board meeting. Mayor Zelniker stated she agrees with all comments. Town Manager Labadie remarked this item will remain as unfinished business and the Commission can condition the approval to move it to the Planning Board. Mayor Zelniker agreed. 12. CIVILITY PLEDGE Town Clerk Gaskins read the Pledge of Civility into the record. We will be respectful of one another even when we disagree We will direct all comments to the issue We will avoid personal attacks "Politeness costs so little." By: Abraham Lincoln 13. PUBLIC COMMENTS AND REQUESTS AGENDA ITEMS ONLY John Ross commented that an interview for a Board position is a job interview in which the candidate presents their qualifications and are then asked questions. He stated that explanations by a Commissioner on why a candidate is voted for or against a position should not be permitted. He mentioned that the Board of Adjustment and Appeals is a largely appointed group and the most contentious topic that will be brought before them is Golden City. He stated League of Cities is a gathering place for lobbyists and that if Commissioners are offered gifts of drinks or anything else by any lobbyists, the Commissioners need to include that in their reports. He stated that time limits should be set on the Commissioners themselves when discussing agenda items, and that the number of agenda items should be limited. He noted that if more than five minutes are needed for discussing any single item, that item is not ready to be brought to the regular meeting. Doug Hillman commented that by moving to a pool of candidates for the boards to draw from, there is then no reason to have a start and stop date for recruiting applicants. He suggested that if the Town cannot cancel the contract for the holiday lighting, put some of the lights at the entrances to Highland Beach on A 1 A. He stated the Town should build a library of information gleaned from neighboring towns. 14. TOWN COMMISSION REPORTS A. Commissioner Evalyn David had nothing to report. B. Commissioner Barry Donaldson deferred his comments to the next meeting. C. Commissioner Peggy Gossett -Seidman had nothing to report. Town Commission Workshop Minutes Date: May 28, 2019 Paue 28 of 29 D. Vice Mayor Greg Babij passed out to the Commissioners a set of Commissioner principles as they apply to him. He noted they applied only to him and he is not trying to enforce them on anyone else. E. Mayor Rhoda Zelniker had nothing to report. 15. TOWN ATTORNEY REPORT Town Attorney Torcivia had nothing to report. 16. TOWN MANAGER REPORT Town Manager Labadie reported the following: • They have corrected FRS audit items and are trying to get random information back to the auditors, targeting the end of this week to complete the audit. • They are reviewing the Charter amendment process and he will report back to the Commission. • He met with Toscana last week and had a quick conversation on the progress of Golden City. • The South Florida Water Management District is saying that within 30 days, they imagine they will issue a permit for their end of the work. • They received a plan review letter, so Swerdlow has to make more changes to their plans. He sent the Commissioners an e-mail detailing some of the plans so they have the latest and greatest, which is 38 units on 2.36 acres. • They are working on getting things queued up for the Code Enforcement Board as it relates to the fill activities._ • The Town is working with Coastal Resiliency Group and surrounding municipalities on a vulnerability assessment. A budget was approved for and a bid will be put out for a collective vulnerability assessment this year. South Palm has agreed to be the fiscal agent among the group. • He met with a property appraiser on Friday. The Town showed a 4.97% increase in property values. Some neighboring communities did better and some did worse, but they are all around 5%. The appraiser is projecting that they will continue seeing this trend over the next three to five years and is projecting approximately 400,000 new residents moving to Palm Beach County over the next ten years. • The millage rate for the Town is approximately $365,000. This will be added to the budget through tax collection. 17. ADJOURNMENT There being no further business Mayor Zelniker called for a motion to adjourn the meeting at 6:15 p.i11. Town Commission Workshop Minutes I)ate: May 28, 2019 Paize 29 of 29 MOTION: Commissioner David moved to adjourn the meeting. APPROVED at August 6, 2019 Regular Meeting. ATTEST: a elda Gaskins, MMC, Town Clerk J 1 Rhoda Zel�1, Mayor Transcribed by Transcription Experts P Da