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2019.06.04_TC_Minutes_RegularTOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MINUTES Town Hall / Commission Chambers Date: June 4, 2019 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida 1. CALL TO ORDER Mayor Zelniker called the Town Commission to order at 1:30 PM. 2. ROLL CALL Present upon roll call: Mayor Rhoda Zelniker Vice Mayor Greg Babij Commissioner Peggy Gossett -Seidman Commissioner Barry Donaldson Commissioner Evalyn David Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Mayor Zelniker dedicated the moment of silence for the victims of another mass shooting in America. She briefly described the Virginia Beach municipal center shooting, citing as victims 11 city employees and a contractor who were killed, and four others who were critically wounded. She remarked it was the deadliest shooting in America in 2019, and that "This has become our new normal." The Commission led the Pledge of Allegiance, followed by a moment of silence. 4. APPROVAL OF THE AGENDA MOTION: Vice Mayor Babij moved to add Public Comments for each of the agenda items for this meeting. Commissioner David clarified _that public comments would take place before any vote was taken on agenda items, and then seconded the motion. Town Commission Regular Minutes Date: June 4, 2019 Paize 2 of 34 Mayor Zelniker asked for clarification on ordinances, whether the public would speak before Commission discussion or after. Vice Mayor Babij suggested the Commission discussion happen first, then public comment, then the vote. The motion was given a voice vote and carried on a unanimous vote of 5 to 0. MOTION: Commissioner Gossett -Seidman moved to add, in advance of the Board Appointments and Votes, Board Alternative Members, and also an update on Mr. Labadie's Board synopsis of the previous week. Vice Mayor Bablasked for clarification. Commissioner Gossett -Seidman suggested that a discussion be held before votes were made to the Boards. Vice Mayor Babi_i seconded the motion. The motion was given a voice vote and carried on a unanimous vote of 5 to 0. 5. CIVILITY PLEDGE Town Clerk Gaskins read the Pledge of Civility into the record: 6. PUBLIC COMMENTS AND REQUESTS Mayor Zelniker opened Public Comments, limiting speakers to five (5) minutes to speak on non -agenda items only, and instructed the Public on the proper protocol for such comments. Fred Rosen of Braemar Isle commented that the previous evening the website sound was down, and that he wrote an email to the Town Clerk, who called him at 7:30 PM to thank him for sending that information. Mr. Rosen complimented the Town Clerk and others like her for their dedication. Harry Adwar of Boca Highlands brought up the topic of the Intercoastal Waterway. He complained about boats speeding on the Intercoastal, affecting the seawalls. He suggested a police boat be made available just on the weekends. He told how a prior president, Harold, brought this up with the Board 15 years ago, and nothing was done. He asks that 15 years later, this Board will do something. He explained on the weekends, boats are travelling 25 to 30 miles an hour, causing cracks on the walls, and that holes are opening up and causing expense to the buildings on the seawall. He asked for a police boat to patrol the area to slow down other boats. David Axelrod of 3740 S. Ocean Boulevard complained that the prior Tuesday's meeting was "an unmitigated disaster." He felt the agenda was too long, time was divided unevenly, and the Commissioners spent too much time presenting a subject. He suggested how to improve this so the public would be able to "stay `til the end." His first suggestion was to start the meeting at 1:00. He next suggested that when a Commissioner present an item for discussion, that presentation be limited to 5 minutes, avoiding any politicizing. Then each Commissioner would be allowed up to 5 minutes to discuss the subject. Commissioners should feel free to pass on the discussion if they have nothing on -subject to bring up. He Town Commission Regular Minutes Date: June 4, 2019 Paye 3 of 34 next discussed the interview process. He told how a previous commission created a rule that the committee chairs vet the applicants, but later learned recommendations were wanted from the public. If true, he feels "some of the situations" could have been avoided. He feels strongly that interviewing is about asking questions, not making statements. He advised if something is brought back for discussion, it be cut short. He gave the example that discussions on the appeals — bringing the vote back — have happened 3 times. Each time, the same thing happens, where time is spent ineffectively. His final point was about the 5 minutes for public comments. He advised, "Stick to the 5 minutes at the beginning" and "get rid of the last 5 minutes, because nobody's here to give it." Regarding the agenda, he noted that at this meeting 2 items were added to the agenda. The agenda on the Friday before the meeting should be closed and everything be presented to the Town Manager. It should be up to him to tell the Commissioners if the agenda is too long. He pleaded for efficiency in the meetings and asked the Commissioners to think about saving time. John Ross of Casuarina noted that he had spent 2 days reading the Town Charter and every ordinance that is posted online, suggesting the Town had some "really bizarre ordinances." He advised going "through the whole stack and get rid of all the stuff." He gave the example that with an illegal house of prostitution, the landlord goes to jail. He mentioned that if someone misses 3 Advisory Board meetings, they can be fired, which he opined was in violation with the Americans with Disabilities Act, especially when a person could attend via conference call on a cell phone. He advised that even the weak and infirm can add something to the work of a Board. He gave the example that any contract over $25,000 has to be bid, with 2 exceptions. The first is that if one is using a vehicle that has "been negotiated by the County or by the State" one could be exempt. The other exception concerns if a judgment is to be made on something other than price. Mr. Ross felt that was subjective — so subjective that it means "you don't have to bid a thing." He felt strongly, if it's $25,000 or more, bid it out, save money for the town. He mentioned there was debate on the quality of work by the Town Attorney, as well as cost, but he feels the cheaper way is to hire an attorney, full time, on staff. He felt it would save a quarter million dollars. He mentioned the dozens of requirements for building, and that with a building project like Golden City, there are many ways to affect the project, such as fines for the removal of mangroves. He continued that they failed to file permit requests on anything before going to other branches of government, and that "there isn't a single word" about the water authority having jurisdiction over land use in the Town Charter. He stressed that localities have rights under the State Constitution and that we should exercise them. He also commented we should also use what's in the ordinances, and if not, get rid of the ordinance. He felt that the Commission cannot pick and choose which ordinances to follow. Alan Polin of 3912 S. Ocean Boulevard, Apartment 214 (Regency Highland), first welcomed Town Planner Mary McKinney back. He briefly introduced her to the public, mentioning that she has been involved in studying some of the things he had pointed out to the Town Manager, to whit inconsistencies between the Town's land use regulatory scheme, the zoning code, and the comp plan. He opined that these 3 things need to dovetail, to integrate with one another clearly without ambiguity so the Town would have an appropriate regulatory scheme with respect to future development. Inconsistencies exist now, he announced. Mr. Polin told of how he spoke with the Town Manager and was pleased that an issue they Town Commission Regular Minutes Date: June 4, 2019 Paize 4 of 34 discussed is now before the Commission, that is a temporary moratorium so the Town can study the inconsistencies. As chair of the Financial Advisory Board, he feels he has big shoes to fill after his predecessor, Greg, and is happy Greg is now Vice Mayor. The Financial Advisory Board has a lot of input through the Commission, and the Board hopes the Commission takes their advice — advice given through motions that are unanimously passed, for example. He stressed that it is a good time for the Commission to look at the highest expenditure in the budget, which is attorneys' fees. He does not question the quality and competence of those attorneys, but asks for a special meeting to address the issue, and asks that it be scheduled as soon as possible. 7. PRESENTATIONS / PROCLAMATIONS A. Michael A. Caruso, Florida House of Representative — District 89 Michael Caruso took the lectern for a legislative update about the sessions of March and April. After being elected in November by a narrow margin, he went straight to work and has been busy on committees. More committees met through February, and March and April was the legislative session, with very late nights. He explained that the only thing they are mandated to do by the Florida Constitution is to vote and pass a balanced budget for the State of Florida, which was done on the last day of session. It was a $91.1 billion budget. The governor was very outspoken as to what his priorities were: education, the environment, and healthcare. Mr. Caruso felt he did a great job in leadership. Healthcare received a $38 billion allocation, almost half the budget. Florida KidCare enrollment was fully funded at $600 million. For education, $16.2 billion for K-12, an increase of $243 per student going to school. Last year, the increase was a little over $40 a student, and the year before it was a $0 increase. The counties will take the money and give teachers a pay raise. An investment of $8.26 billion was made for higher education. The State of Florida is number one in the country for the third year in a row in terms- of universities and the college system, according to U.S. News. He feels that is attributable to making affordability and pathways to careers a priority. Students are being sent to school for the purpose of getting a job when they graduate, and that contributes to the number one status of Florida. Schools are rated and given money by the State based on how well graduates are transitioned into jobs. For example, Palm Beach State College has vocational classes. One of his own sons takes an HVAC class. When he graduates, he'll have a job lined up that makes between 50 and 60 thousand dollars a year. For the environment, $700 million was allocated towards Everglades restoration. Clean water was a priority, the word of the day. A session was held with President Galvano and Speaker Oliva talking about water issues and how that issues would be dealt with in the current session. Also, $30 million went to Florida Forever and $4.2 million allocated to research on red tide. Beach re -nourishment received $50 million. A lot of the water projects that he hoped would come to Palm Beach County didn't happen because of the Town Commission Regular Minutes Date: June 4, 2019 5 of 34 issues taking place in the panhandle after Hurricane Michael and the cleanup there. Cities such as Mexico Beach still don't have water or electricity 9 months after the hurricane. And it's not the utilities — the homes are not capable of accepting electricity. Libraries received $21 million, and Mr. Caruso hopes some of that comes to Highland Beach Library, which he praised. The arts received an allocation of $23 million. The issues of homelessness and substance abuse, including the opioid crisis, received an allocation of $11 million. Mr. Caruso spoke about a bill he had passed — The Sober Home Bill that gave the Palm Beach County Task Force more tools to arrest illegal patient brokers. These are people who get kickbacks when patients bounce back and forth between treatment centers and halfway houses. Money also went to peer specialists, who care for those fighting addiction, to help them get licensed. Mr. Caruso spoke about another bill, the Anti-Semitism Bill. This bill prohibits discrimination based on religion in K through 20, which is not explicitly listed as is race and gender. The definition of anti-Semitism was also added to the bill. A tax bill resulting in $121 million of tax savings for State of Florida residents was passed, which included a hurricane preparedness tax holiday and a back -to -school sales tax holiday for school supplies. Also included was a reduction in commercial rental property tax, reducing the tax from 5.7% to 5.5%, effective July 1. For District 89, $42 million of appropriations was brought back to the area, which is unusual for a freshman representative. Much of it is for the University, FAU, especially the Henderson School for a rebuilding project, as well as a program to make FAU one of the top 100 schools in the country, and $11 million in Jupiter to finish building their STEM school. Money was allocated to an Alzheimer's program, $2 million, right in Palm Beach County. Local programs like JARC and the Wayne Barton After School Program received funding. Barton takes care of 168 kids a day after school, playing sports with them, getting them fed, and then doing homework with them. The Boca inlet got $170,000 for sand inlet management. The Museum of Art and the Ballet Theater Company and Boca Raton Historical Society, as well as the Boca Raton Philharmonic Symphonia, also received funding. The Delray Beach firefighter program received help with a cancer bill, and Mr. Caruso explained that 70% of firefighter line -of -duty deaths are caused by cancer. Research showed it was not just inhalants causing cancer, but the soot landing on the skin, which was learned after 9/11. Residual soot on clothes and equipment can contaminate someone, so now there's a program for decontamination. The bill provides firefighters with full cost of treatment, as well as a $25,000 payout, disability, and life insurance. Mr. Caruso asked if there were questions, and the Commissioner David took time to thank him for his work. Commissioner Donaldson remarked how proud they were of their Highland Beach Library, as well as the independent water reverse osmosis system Town Commission Regular Minutes Date: June 4, 2019 Paee 6 of 34 that supplies town water. Mr. Caruso concurred, stating he mentioned this on the floor of the House as a leading program in the State. Commissioner Gossett -Seidman asked if it was possible for the Town's Account Manager to work with him and his staff for appropriations for the Town. She inquired if there was a pipeline to enable him to connect with Mr. Caruso's staff. Mr. Caruso explained that most towns contact him very late for appropriations, since every one has to go before committee after the initial bill is drafted. He himself must lobby a committee chair to allow him to present the bill. He therefore asked that appropriations requests be put forth with as much research as possible, and that the Town get them to him in August or early September the latest. He agreed he'd be happy to sponsor these requests and help push them through committee. For big requests, he recommends hiring a lobbyist to advocate for the request. He gave the example of how lobbyists worked day and night, pulling him out of session to get him to see the right senator or the Speaker and they are very good about following up their cause. Vice Mayor Babij congratulated Mr. Caruso on his win, and asked about red tide research and where the $4.2 million allocation will go. Mr. Caruso explained that red tide is not blue-green algae, which is seen in the Intercoastal, caused by sewage runoff and septic bleed, as well as massive releases of water from Lake Okeechobee. There is money for blue-green algae research, and also the way of managing water flow has changed in Lake Okeechobee, which is now being kept at 10 feet before hurricane season, to allow for excess water from rain to be released slowly which will retard the growth of blue-green algae. Red tide has a long history, going back at least 400 years, but we don't know why it's coming so close to shore now. An allocation of $4.2 million is to figure out how to kill red tide without releasing the toxins. In addition, monitoring of septic and sewer systems is needed. Mayor Zelniker remarked that as a small seaside town, they don't want to be inundated with Airbnbs, and asked what was going on with them, and what rights does the Town have in terms of making an ordinance or the like to prohibit or at least moderate and control the Airbnbs. Mr. Caruso believes it is a dangerous program, and hopes that the hotel lobbyists are stronger than the Airbnbs lobbyists. He stated he will fight against Airbnbs and for the right of cities to maintain their right to prohibit the program. One thing he mentioned was that once you rent your home, it's a commercial rental property, and so that person now could lose their homestead discount on property taxes, so those who are concerned can report Airbnbs to the taxing authorities such as the property tax appraiser. He stressed that renting your home means you are not in compliance with many regulations that a hotel, for example, has to be compliant with, plus no one is paying the sales tax and tourism tax on those rentals. People that rent via Airbnb are breaking the law. Mayor Zelniker asked if the Town could pass an ordinance about the Airbnb, and Mr. Caruso said he didn't know for sure but would have his staff get back to the Town Manager. Mayor Zelniker reinforced the importance since so many hotels are buying property now. Town Commission Regular Minutes Date: June 4, 2019 Paize 7 of 34 Mr. Caruso closed by asking the residents to reach out to his office if they have questions or concerns. He reiterated he is here to serve the people. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Town Clerk Gaskins was asked to read items 8.A. through 8.C. into the record (reproduced in full below). A. Board Vacancies 1. Natural Resources Preservation Advisory Board — Two (2) Vacancies: One (1) Unexpired Term Ending April 3 0, 2021 and One (1) Three -Year Term B. Upcoming Meetings and Events 1. Planning Board Regular Meeting —June 12, 2019 — 9:30 AM 2. Natural Resources Preservation Board Quarterly Meeting — June 13, 2019 — 9:30 AM 3. Town Commission Workshop Meeting — June 25, 2019 — 1:30 PM C. May Advisory Board Report a. Financial Advisory Board by Chairperson Polin Town Clerk Gaskins cautioned the public that she was not going to read everything but wanted them to be aware there were vacancies on the Natural Resources Preservation Advisory Board, so anyone interested should obtain a board application. The upcoming meetings and events are listed on the website — a Planning Board Meeting on June 12, a Natural Resources Preservation Quarterly Meeting June 13, both at 9:30 AM, and then the Town Commission Workshop Meeting June 25 at 1:30. The May Advisory Board Report includes the Financial Advisory. Board Report, and Chairperson Polin was asked to step up to the podium. Chairperson Polin reminded the Commission that the Financial Advisory Board was advisory only and was not looking to usurp the policy making authority held by the Commission nor the day-to-day operational decision making authority held by the Town Manager. He hoped what he reported on would be given careful consideration. At the previous meeting, a critical accomplishment by the FAB was work on the health insurance program. The Director of Finance worked with an accomplished health insurance expert, and the Board is now advising the Commission to accept the Humana Insurance proposal. Work was also done to hire public resource management, PRM. A preeminent rate study firm in Florida was consulted. They had done a study in 2015 to make a recommendation on the economics of sustaining the fund so the use of water and sewer was balanced with the expense Town Commission Regidlaar Minutes Date: June 4, 2019 Paye 8 of 34 of operating the system, Questions about the debt structure for previous capital improvement projects arose, so the same firm will provide a new analysis and report for the Town Manager and the Commission for budget considerations for fiscal year 2019-2020. Mr. Polin expanded on the debt structure issue, stating prior administrations allowed the debt to be booked in the general fund on the theory it was better for the taxpayer to be able to deduct that part of their real estate taxes yearly. Since the IRS code has recently changed, a cap now exists on that deduction. So some of the large estate owners cannot take more than $10,000 as a deduction on their real estate taxes. Therefore, it may make more sense for that debt to be part of the wtiter and sewer fund and let the debt be reflected in the rates for those services. The rate stud), :firm will review that particular issue. The Financial Advisory Board also requested a review of other forms of insurance coverage as soon as possible so any savings on premiums could be realized — for workers comp and fire and casualty, for exarrq,,4e. New policies exist now covering shooting incidents, which the Town might want to cori:sider looking at. A look at what the market has to offer for insurance now and potential savings needs to be reviewed. A final recommendation.. the Board made is to review the banking relationships. Some banks are acting as a depository for the Town, and rates are constantly shifting, so it behooves the Town to review banking services charges and net interest rates to seek savings. The current average rate the Town TWA w enjoys is 2.1%. A local institution might offer a better rate than a national bank with no atil;ditional risk. Mr. Polin requested the Commission consider the FAB recommendations. Vice Mayor Babij endoirsed the recommendations and added that a look at the investment policy on a quarterly b&sis would be in order. Mr. Polin agreed, and also mentioned that the Board had voted in favo>>r of holding a minimum of quarterly meetings. Mayor Zelniker also thanked Mr. Polin and mentioned Mr. Babij, as a former FAB member, was available to help. 9. PROPOSED ORDIN,kNCES AND RESOLUTIONS Mayor Zelniker instru:-ted the Town Clerk to read the proposed ordinance into the record, and announced the Toufn Manager would then speak about the ordinance. The Commission would then discuss it,111ten the public would be allowed to comment before a vote was taken. Town Clerk Gaskins re,ati.d the ordinance into the record: A. PROPOSED ORDINANCE / GENERAL ELECTIONS AN ORDINANCE: OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORID21L, AMENDING SECTION 1.06(2) OF THE TOWN CHARTER TO ALLOW GENERikL ELECTIONS TO BE HELD CONCURRENT WITH ANY STATEWIDE OR. COUNTYWIDE ELECTION AS PROVIDED FOR IN STATE Town Commission Regular Minutes Date: June 4, 2019 Page 9 of 34 LAW; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie remarked that the ordinance allows the Town to align local election dates with county, statewide and federal elections. The result is that local elections would be delayed by 1 week to achieve that alignment. Commissioner David endorsed the ordinance, stating there did not seem to be any downside. Commissioner Donaldson had no comments. Commissioner Gossett -Seidman asked for clarification on the location of the vote. Mr. Labadie replied it would be handled by the County at the time of the presidential primary and would be St. Lucie's church. Vice Mayor Babf clarified that location was not part of the ordinance, that it just sought to match dates, which was confirmed. Mayor Zelniker opened the floor for public comments. Carl Gehman of Highland Beach Drive endorsed the idea. MOTION: Commissioner David moved to adopt the proposed ordinance on general elections. Commissioner Donaldson seconded the motion. UPON ROLL CALL: Commissioner David - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Vice Mayor Babij - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. "Town Clerk Gaskins read the next resolution into the record: B. PROPOSED RESOLUTION / PUBLIC INPUT AND AGENDA FORMAT A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A NEW AGENDA FORMAT FOR WORKSHOPS AND REGULAR MEETINGS IN AN EFFORT TO PROVIDE MORE PUBLIC INPUT; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie explained that the resolution was intended to insert public comment into action of the Commission, not only in regular meetings but workshop meetings as well. The ability to adopt a new agenda format is allowed by the Charter, Section 228, Rule 4. By resolution, the Town is formalizing how public comment is being integrated into meetings. Mr. Labadie reviewed the rules regarding public Town Commission Regular Minutes Date: June 4, 2019 PaLye 10 of 34 comment before and after agenda items, but requested the Commission discuss it and make a final decision on the timing of the public comments. He stated everyone seems to agree on the 5 minute limit at the beginning. The question is, how much time should be allowed per agenda item, and then how much time, if any, at the end? Commissioner David felt the end comments were less necessary if comments could be made during the Commission discussion. She recommended a 2 -minute limit at the end, while allowing 5 minutes during the discussion where it seemed to make more sense to have added time. Commissioner Donaldson stated the end comments seemed redundant and extended the meeting time. He favored deleting comments at the end. He endorsed the 5 minutes at the beginning. He asked for clarification of the other comment times, specifically the comments during consent items, and mentioned would it be a hardship to track the time if it was split. Town Attorney Torcivia explained the split was advocated because there might be multiple items, but it was up to the Commission how to split the time, that it could be consistent. Mr. Donaldson stated he favored 2 minutes across the board to make tracking easier, since everyone had the topic in advance. Commissioner Gossett -Seidman advocated leaving the time so everyone's right to speak was not taken away. Vice Mayor Babij endorsed the 5 minutes at the beginning. On the agenda items, however, he felt it should not be limited to 2 minutes, which was short. He remarked that was the time the Commission was trying to get public input to craft an optimal solution, so he recommended 3 minutes at a minimum but ideally 5 minutes. He also likes public comments at the end but those should be short since there were so many other opportunities to comment already, and 2 minutes seemed reasonable. Mayor Zelniker explained that on her condo board, comments were allowed at the end and with every item. She welcomed whatever decision the Commission made. Commissioner Donaldson recommended the following comment formula: 5-3-3-2. Mayor Zelniker opened the agenda item up to public comment. Doug Hillman of Dolphin Place advocated KISS — "keep it simple s " — with the formula 5-3-3. He felt the Commission should "let the people talk" and not cut off comment at the end. If it is found to be redundant on application, it could be adjusted later. At the beginning of this new system, however, he felt the Commission should give the people a chance to talk. He suggested 5-3-3 was simple and easy to remember. Vice Mayor Babij asked for clarification for 5-3-3 — 5 for the opening comment period, 3 for the comments on the consent agenda, 3 for comments on the non -consent agenda, and Mr. Hillman clarified the formula should be 5-3-3-3, that is, 3 minutes for the end comments. Town Commission Regular Minutes Date: June 4, 2019 PaLye 11 of 34 Mayor Zelniker asked for clarification on the opening 5 minutes, that it was for non - agenda items, and Mr. Hillman concurred, stating it was as the Commission was currently doing, and that opening comments would naturally take more time, as the public was bringing up anew subject. Carl Gehman of Highland Beach Villas agreed that 5-3-3-3 was an excellent solution. Alan Polin of Regency Highland requested the Commission consider that the Town be run as a business, not as a mom and pop or a club situation. Taxpayers are the customers, and possibly the shareholders as well. They own the common assets that the Town owns. He applauded the Commission asking for more input but stressed again the need to run the Town as a business, "because that's the way government should run." MOTION: Vice Mayor Babij moved to adopt the resolution with a 5 -minute comment period at the beginning, and 3 minutes for all other comment periods. Commissioner David seconded the motion. UPON ROLL CALL: Vice Mayor Babij - Yes Commissioner David - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. Town Clerk Gaskins read the next proposed resolution into the record: C. PROPOSED RESOLUTION/ MORATORIUM A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ISSUING A NOTICE OF INTENT TO ADOPT A MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING BUILDING PERMITS IN THE RESIDENTIAL MULTIPLE FAMILY LOW DENSITY (RML) ZONING DISTRICT AS IT RELATES TO NEW CONSTRUCTION ON PROPERTIES THAT HAVE BEEN DESIGNATED AS POTENTIAL CONSERVATION ON THE TOWN'S FUTURE LAND USE MAP OF ITS COMPREHENSIVE PLAN ADOPTED IN 2015; PROHIBITING THE ISSUANCE OF DEVELOPMENT ORDERS AND/OR BUILDING PERMITS; DIRECTING THE TOWN CLERK TO SCHEDULE A PUBLIC HEARING ON THE MORATORIUM; AND PROVIDING AN EFFECTIVE DATE. (UPDATED) Town Manager Labadie remarked that there were conflicts in the comprehensive land use plan, especially related to the overlay district as potential conservation. The Town Planner identified this as an issue that needs to be addressed to ensure the Town is following its comprehensive plan. Town Commission Regular Minutes Date: June 4, 2019 PaLye 12 of 34 Town Planner Mary McKinney stepped up to the lectern and explained that the comprehensive plan was reviewed per State requirements. The conservation element was taken through the Planning Board, who approved it, but in reviewing the rest of the plan, it was found that the future land use element had some deficiencies. There is a specific designation in the land use plan called `potential conservation.' On projecting the land use plan on the screen, Ms. McKinney showed green dotted areas with that moniker `potential conservation.' There is no description for what that exactly means in the comprehensive plan. What is being proposed is that the Commission direct that an ordinance be prepared for a moratorium on building on the parcels with the green designations so a proper description can be made and brought to the Planning Board and the Commission for approval. Since that takes time, a moratorium is necessary so the Town Planner can prepare an ordinance for the July meeting. Commissioner David clarified the request as "a moratorium until we can come up with a definition for what the conservation lands will be" and Ms. McKinney confirmed that was so, and that the moratorium should be no longer than 6 months but probably shorter. Commissioner Donaldson wondered if these issues came to light because of Golden City coming into focus. When that happened at an earlier time, Mr. Donaldson had expressed his concern that there was something on the map and no one knew what it was, so he agreed the current proposal for a moratorium is a proper and much-needed action for clarification. Commissioner Gossett -Seidman asked for an explanation of where the areas at issue are. She also stated the moratorium at issue was not as was discussed last summer, where people were afraid, they could not build anything anywhere in town. She clarified "this is not for anything not in this type of land use area." Ms. McKinney confirmed it was for new development in the potential conservation land use area. She expressed that the goal was to clarify what is the definition of these areas in the land use plan and have that definition approved by the Town. The areas in question are south of the town hall parcel and south of the Toscana parcel, and north of Bel Lido. The areas are also west of St. Lucie. Ms. Gossett -Seidman attempted to clarify the area using .Google Maps, and a discussion was held as they reviewed the map that was being projected. Ms. McKinney explained that a specific recreation open space belongs to the County. Ms. Gossett - Seidman, off the microphone, showed Ms. McKinney her Google Maps and they discussed the relation of the conservation areas to A IA. A member of the public tried to clarify, off the microphone, and spoke about an unidentified parcel and who owned it. Apparently, there is a sign saying "Federally Protected Mangroves." Mayor Zelniker announced that the Commission would have to look into that, to which Ms. McKinney concurred, stating "the screen piece we looked into today was owned by the County" and that piece along the backside of the church does in fact have the potential conservation designation. Ms. Gossett -Seidman asked about a large tract of mangroves in front of Toscana, whether it was still in place along with boat slips on the west side of Toscana on the Intercoastal. Ms. McKinney explained that had been looked Town Commission Regular Minutes Date: June 4, 2019 Paize 13 of 34 at and it was a walkway with no boats, and that does also have the green hatching on it. Ms. Gossett -Seidman also asked about a mangrove area at 3210 S. Ocean and 3200 S. Ocean that appear to be untouched. She remarked there seemed to be several locations in town that may not be identified. Ms. McKinney remarked that would be brought to the Council's attention when they bring the maps forward. Vice Mayor Babij. asked about 2 green squares and asked if they were County lots. Ms. McKinney agreed they were owned by the County. Mr. Babij asked the date of the land use plan, and Ms. McKinney answered the most recent was from 2015, prepared by several consultants but ultimately approved by the Planning Board and the Commission. Mayor Zelniker asked if mangroves were important for water retention, and Ms. McKinney agreed they were. Commissioner Donaldson asked if the project was going to be in-house or would an outside consultant be used, and Ms. McKinney replied it was primarily an in-house project with some input from their consultant. Mayor Zelniker confirmed that the original 2015 map was in fact approved by the Planning Board and the Town Commission. When the update is finished, an ordinance on the moratorium would be prepared for the next Commission meeting. Commissioner David confirmed that they were voting on a resolution for a moratorium, and so there would be more to talk about later and not so much now. Commissioner Gossett -Seidman wondered how the Commission got to this point. Town Planner McKinney explained that they are required to update the Town's comprehensive plan and has been in the process for a year, and since they are going through the whole plan, they noticed a deficiency in the land use element. Ms. Gossett - Seidman confirmed that it was basically housekeeping and updating, and Ms. McKinney concurred. Vice Mayor Babij remarked that the resolution violates one if his principles, which is move forward slowly and get plenty of input and do analysis. He wonders if the resolution commits the Town to anything other than just putting residents on notice that a proper process will be gone through of exploring a moratorium. Town Attorney Torcivia explained that the resolution put on record a certain intent, and that any property owner was now on notice, as opposed to learning upon the first reading of the ordinance. So the resolution acts as a month's notice, and also gives the staff the direction to prepare the ordinance. Mr. Babij also asked if there was a definition for the termination on it, and wondered why there wasn't an end date, and would that be in the moratorium itself. Mr. Torcivia explained it would. Finally, Mr. Babij asked about the language, "If the moratorium is not adopted, this resolution shall terminate upon the vote of Town Commission." He wondered why it needed to be voted on to terminate. If no moratorium was adopted, why wouldn't the resolution terminate as well? Or would it just hang there unresolved? Mr. Torcivia explained that "right now, you're adopting this notice of intent" but if the moratorium is ultimately not adopted, then the resolution terminates upon that vote not to adopt the ordinance containing the moratorium. Mr. Torcivia further elucidated that the motion should clarify it is the intent to terminate the resolution, and the current language could be a little clearer. Town Commission Regular Minutes Date: June 4, 2019 Paize 14 of 34 Mayor Zelniker opened the floor to public comments. Alan Polin requested that the resolution contain the words "temporary moratorium" as that is the intent and that the public notice needs to be clear that it is temporary. He expressed concern that the residents would interpret it as the Town closing down development. As a real property attorney, he believes it important to anticipate how a potential litigant might come back against the Town, so clarity was crucial, that this resolution clarify the moratorium as temporary. He also remarked that the land plan has to be approved by Tallahassee. Unfortunately, he believes there is some ambiguity. Town Attorney Torcivia remarked they had no problem adding the word "temporary" if the Commission agrees and feels it is a great idea. He asked Ms. McKinney if the department in Tallahassee were DCA, Department of Community Affairs, who received the land use plan, and she confirmed that was so. There is no approval process now but instead a confirmation of receipt. David Axelrod of Toscana expressed his group's interest in the moratorium, as it seemed to coincidentally fall with the Golden City property. However, in favor of the moratorium, he wondered if this would open the Town to a possible lawsuit. He knows the Town is aware that Golden City is being planned to be built, and he is concerned that the moratorium specifically addresses the land related to the Golden City project. He noted that Toscana is right in the middle of the green spots on the map. He expressed concern that if something happens and they need to rebuild, if the moratorium is still in place, Toscana could not do that. He requested that if the moratorium is voted in, something should be said regarding buildings that are previously existing in the zone. Town Manager Labadie clarified it was a district -specific, not -project specific, referendum, and thus was coincidental in terms of Golden City. Should a hurricane or emergency happen, the moratorium could be undone for everyone. Jamie Gavigan identified himself as an attorney representing Golden City. He just found out about the referendum and wondered, if the update process had been going on for a year, why it was just added to the agenda. He felt his client Mr. Swerdlow was being prejudiced by having inadequate notice in preparation for this meeting, and was in fact on his honeymoon in Asia. He stated his client's property was the only property affected by the moratorium. He asked that the matter be postponed so he and his client could adequately prepare to address the Commission on this resolution. He clarified that the resolution actually contained a moratorium itself, prohibiting any new building once the resolution is adopted. He expressed surprise that since his client was the only one affected, no one had reached out to him specifically, and also that since the update process had been going on for a year, why this resolution was just added and was not on the agenda as first published. He felt there were many unanswered questions to address before the Town Commission rushes to pass the resolution, and again requested his client have the opportunity discuss whether this makes sense or not. He also noted that the resolution did not address all potential conservation designations but focused only on low density and multifamily. He wondered if that was specifically targeted to his client's property. He pointed out there was green markings in other areas of the map such as Town Commission Regular Minutes Date: June 4, 2019 PaLle 15 of 34 medium and high-density concentrations. He reiterated that it seemed the resolution was being rushed through and also was not as well thought out as it could be after an open dialogue with affected property owners. In summary, Mr. Gavigan voiced his concern that his client was not provided adequate and reasonable notice and asked that the resolution be postponed so his client could speak to the Town and address concerns he has with the resolution. Town Attorney Torcivia reminded everyone that the resolution would probably be in effect no more than 30 days, at which time an ordinance would be in place to vote on. He felt this was adequate notice, more so than just putting an ordinance on for first reading, which would only be 10 days' notice. This resolution in effect provides a month's notice. He defined a moratorium as a temporary stop so staff and the Commission can study an issue. He compared it to the medical marijuana moratoriums recently prevalent, and how everyone wanted to study the issue for a while and then cities decided which way to go. The same concept applies here. There will be a month until the first reading of the ordinance, giving property owners time to dialogue with staff. Mr. Torcivia said any prejudice, which he does not concede there is, is only for 30 days. He feels there is no harm for 30 days until the first reading of the ordinance. Mayor Zelniker confirmed the verbiage would be changed to `temporary moratorium.' She also stated it was not just on the Golden City property but there were "a number of issues in the town." Mr. Gavigan disagreed and reiterated that his client was concerned about the timing and the fact that it seems directed to his client's property. Carl Gehman commented that the plan is 4 years old, and that 48 months later nothing has been done until suddenly today, and he supports the previous speaker. He asked the Commission, "What did you do for 4 years?" Mayor Zelniker replied there was an inadequately staffed building department to address it for more than 4 years, and that many things were not carefully done. He complained about what he considered rudeness. Michael Rothberg of 3833 S. Ocean Boulevard is a property owner affected by the resolution, and state he feels targeted. He is currently in discussions with the Town about developing his property, possibly putting in permits within 15 days. He felt a moratorium "out of the blue" is unacceptable. He feels targeted and that his hand is being forced to do something with his lot. He feels offended that this agenda item was dropped on him, that "you're either gonna accept our offer or your land's worthless." To him it sounded illegal. A moratorium of 1 day or 1 week is easy to extend. He also requested the resolution be tabled so property owners can have adequate notice. John Ross of Casuarina stated that if the properties of Mr. Swerdlow, Mr. Rothberg, and even Father Horgan are possibly owned by the County according to the Town Planner, that obviates any problems with moratoriums, since those people cannot build anyway. Prior to doing anything else, it's important to know who owns what and how far it extends. According to the map, Golden City cleared and filled certain areas, and those areas are not in the green area as they front on AIA. The green area behind them is the area that Golden City wants to refill and Mr. Rothberg wants to use to access his dock. So it's important to find out if that is County property. If so, things will be messy. He Town Commission Regular Minutes Date: June 4, 2019 PaLye t6 of 34 advocated figuring it out, stating the County probably had no intentions of building anything, and the moratorium therefore would not be necessary. Taking time, a week or two or until the next meeting, to figure out ownership makes sense. John Boden of 3487 S. Ocean Boulevard suggested the resolution be tabled as "we're on real thin ice here." Mayor Zelniker closed public comments and moved on to Commission discussion. Commissioner David asked that the resolution be tabled and given more thought. Commissioner Donaldson stated he believes the issue has been in play for a while, and in fact is the reason a town planner was established. Since the Golden City plans have been more active, the issue has been brought into sharper focus, but stressed those issues were already underway. The land use plan document is unworkable in its current state and needs to be fixed. He believes the Commission should move ahead with at least the resolution, as they are cognizant of developers' rights and do not desire to tread on those rights, but the present moment is a crossroads with converging circumstances. He supports moving ahead with the stipulation that it is a temporary moratorium. Commissioner Gossett -Seidman asked if it was possible to verify who owns the properties mentioned and the others she brought up, including a tract at the south end of town south of Regency. Town Planner McKinney replied from the lectern that they could clarify ownership before bringing the ordinance at the next meeting for its first reading. The issue at hand, regardless of who owns what, is to put the moratorium in place to allow the Town Planner to define the potential conservation areae It's not necessary to look at who owns what to accomplish that. A memo can go out stating who owns what, but the idea behind the moratorium is to define what the potential conservation area is. Commissioner Gossett -Seidman asked if it was also possible to continue to define the other areas indicated on Google Maps. She does not think anyone should feel targeted. She understands people don't know who owns what in the green areas, and that there is confusion of who should maintain what, such as with stagnant water. She stressed this is not a targeted resolution or a 5 -year moratorium, but would like to clarify the other areas in question. Ms. McKinney agreed that every parcel on the map could be defined. Ms. Gossett -Seidman specifically mentioned the south end of town which is physically wider than the north end, where only one property on each side of AIA can really exist. She would like to define these areas for everyone in town. Commissioner Gossett -Seidman also mentioned that the Town has 2 lakes that are full ownership by the Town, which have not been documented by surveying, or the underwater rights of the Town established. She explored the issue 4 years ago, and even on Wikipedia it shows the Town as having I square mile, half land and half water, and the water is 90% the lakes. She mentioned the Spanish River that is owned by the State as an indigenous river. She felt strongly that all these issues need to be clearly established, and that had Ms. McKinney not been on leave, it would have been done. She Town Commission Regular Minutes Date: June 4, 2019 Page 17 of 34 added that since she started as a Commissioner, many of these issues were already in existence and hadn't been followed up on. She assured the public they were "trying to clean up everything, nobody wants to target anyone, no one wants to go to court, no one wants to make anybody mad." But she agreed to take pictures of green areas for Ms. McKinney that still need to be addressed. She stated she is voting yes pending confirmation of ownership of the properties including all the green areas and the lakes in town. Vice Mayor Babii asked if the process the Town was going through on this resolution was typical of other towns, in that the moratorium takes effect immediately even before the ordinance has its first reading. Town Attorney Torcivia agreed he had seen it done a variety of ways. One way is the topic is merely discussed at a meeting, and case law says once the conversation has occurred, the public is on notice. He's also seen it come up through the ranks, from the Planning Board and then to an ordinance, and he's also seen it like the present circumstance, where there's a notice of intent, as in this resolution. So there are 3 or 4 ways to approach the idea of setting a moratorium. He again referred to medical marijuana, and stated every town did it a little differently. Ultimately, they all wanted to give notice to their residents that they were going to consider something and then adopt it. Mr. Torcivia stated if the Commission was comfortable with this process, the resolution could be passed. If it is tabled, then does the Commission still want staff to move forward with the crafting of the ordinance. At least now, there is clear notice. So if a permit application comes in during the next 20 days, there is a question whether the actions of the Commission have precluded that. Vice Mayor Babii spoke about the principles that he follows, and one is, "Any new ordinance will move forward slowly" and will be well thought out, analyzed, clear and deliberate, responsible, with time given for resident and advisory board input, with consideration of 2nd and 3rd order effects. He feels the Commission has not done any of that. It feels rushed to him, and a different process for the moratorium than he's familiar with. He also feels a decision is being made on incomplete information. He doesn't know from the map which properties are what. The process feels sloppy to him. Mayor Zelniker reiterated it would be a temporary moratorium, and clarified that they were discussing a resolution, not an ordinance. The resolution is to get all the facts. Town Attorney Torcivia agreed, stating the resolution would prevent staff from accepting applications until the next meeting, where there would be an up or down vote on the ordinance. If voted down, it all disappears. Ms. Zelniker commented she saw nothing wrong with getting the information that was needed, and suggested a date on it might make people feel better. She mentioned if needed, a Special Meeting could be held. She told the story of how after Hurricane Irma, Golden City took down some mangroves, and nothing was done. To her understanding, they had a `special permit' and later were given a summons to restore the mangroves. Town Planner McKinley confirmed this was true. Town Commission Regular Minutes Date: June J, 2019 Paize 18 of 34 Jamie Gavigan remarked that these are separate and distinct issues. He said after Hurricane Irma, some trees were downed and there is disagreement about what happened next. The downed mangroves had to be removed, and there is a question whether additional vegetation was taken out. South Florida Water Management District got involved, with an order saying before anything further was done that Golden City needed a building permit. Nothing further has been done to date. He stressed that that issue is separate from the resolution which would today, if enacted, stop all building within the targeted areas of the land use plan. Mayor Zelniker stated she watched Golden City fill in the previous mangrove area, which was water, and put in grass. She feels it is connected because there was a big code violation as the mangroves were never replaced. She understands it's private property and the Town is not against people building on their private property. Mr. Gavigan stated that nothing had been done to the property since then. Town Manager Labadie summarized the resolution as stating that development orders in new constructions or additions would be affected, and since there is nothing in the queue now, a new permit would take months in any case. The resolution starts the conversation and puts everybody on notice of where the Town potentially could go or not go. Toscana, for example, would need building permits for renovations in the interior. The site plan could not be amended in the next 30 days, but building permits can be issued that don't require a development order or site plan amendment. Even if Golden City came in tomorrow, time would be required to process paperwork and issue the public notice, which would take us beyond the "sunset" of the resolution. House renovation permits can still be issued, but new development that requires Planning review wouldn't be gotten to in any case until July or August. There is effectively not much harm to those contemplating action on their property. Jamie Gavigan reinforced that his issue is that the resolution was noticed the previous day on the agenda, which was insufficient for preparation. The fact that he and his client only found out about it that morning is his main complaint. Commissioner David suggested that Planning Board has been bypassed in this process. She recommended the Commission not do the resolution, but instead send the whole thing to the Planning Board to get their recommendations on how to handle it, having acquired the appropriate information. Alan Polin of Regency Highland asked the Commission to refocus on what the Town Attorney said, which was that the caselaw in Florida showed that once the discussion of an issue has been undertaken, notice is given to the public. The Town Manager is merely asking for the discussion to have some formality so that it is memorialized in the form of a resolution. Whether today yields an up or down vote on the resolution, the fact the discussion has taken place gives notice to all property owners. The discussion will be memorialized and put into a formal written document, that is, the resolution. Michael Rothberg clarified that he owned his property all the way to the waterway, and there was no Palm Beach County land between his land and the water. He went on to say Town Commission Regular Minutes Date: June 4, 2019 Patie 19 of 34 he feels it is underhanded to have this discussion with insufficient notice to the property owners, especially in the summer when few where there. He feels it put the Commission in a bad light, trying to , "sneak it in." He feels it's not right to impose these delays on those with property rights, and if he hadn't dropped into the meeting he would not have found out about the moratorium, and now in 30 days must show up again to . oppose it. The agrees with Mr. Gavigan, that it's not fair for notice to be given out of sheer luck. He believes written notice is required to change his right to develop his property. He stated, "There is no way this isn't targeted." Carol Stern of 1115 Russell Drive asked for clarification and imposed a hypothetical. She asked if she would be allowed to tear down a house on her property if the moratorium were in effect. Town Manager Labadie said yes, but this was not the moratorium but instead the resolution prior to the moratorium. Doug Hillman of 4748 S. Ocean commented that he believed what was being proposed was legal or it would not have been brought up. His desire was to talk about "the big picture." This process has bypassed the Planning Board. He stated the Boards were the nucleus of the success of the Commission moving forward. He advocated postponing the resolution and allowing the Planning Board to examine it, as the role of the Commission is as policy makers and then managers of the policy, not doing the "nitty gritty work." He stressed they should let the Planning Board wrestle with the details, work with the Town Planner, and get the resolution ready for the Commission to sign off on it. It's the job of the Planning Board. Commissioner Donaldson moved to adopt 9C with the wording changed to "temporary moratorium." Commissioner Gossett -Seidman asked why the resolution was received the day before. Town Manager Labadie explained it was on the agenda but the content was not there. A few pieces of information were missing, but the item was on the agenda. If the Commission feels it to be rushed, it can be tabled, but there was notice of the moratorium, and the Town intended it be to the Commission by Friday but it was not ready. Ms. Gossett -Seidman agreed the Commission should not rush and make a bad decision. She felt in this case the issue was rushed, she is confused, and is still finding conflicting information on her Google Maps on green areas by AIA. After the hurricane, everyone was aflutter because a piece of land was cleared and filled without permits, and that was not handled in the proper order. The goal is to be fair to the property owners and to the town and to not look away if something is not done in due process. She feels there are a lot of unanswered questions, many plats of land not defined as to ownership, and she is still confused. She would like to move to wait 30 days. The Commission agreed there was a motion on the table that had not been seconded yet. Town Planner McKinney reinforced that for this resolution, it doesn't matter who owns what. The issue at. hand is to define the potential conservation designation. "Whoever Town Commission Regular Minutes Date: June 4, 2019 Paye 20 of 34 owns it that has that designation has to deal with what that designation means." Commissioner David asked, "What does that mean? In practical terms." Ms. McKinney stated that is why the moratorium has been requested, so that the Town can define what potential conservation means. Right now, there is no definition of it and no one knows how to address it. They . are asking for the time needed to address what it means, regardless of who owns the property. Commissioner David stated she was still confused, and advised the Commission table it and send it to the Planning Board. Mqyor Zelniker asked if there was a second to the motion on the floor, and there was not, so the motion failed. Vice Mayor Babii commented that a moratorium might be needed to correct the issue, but this is not the process do it. As listed on the agenda, "Proposed Resolution — Moratorium" might not even have anything to do with real estate. He would welcome the input of the Planning Board. If he were a resident, he wouldn't know what was planned, it was a complete surprise. MOTION: Vice Mayor Babij moved to table the ordinance. seconded the motion. Commissioner David Town Attorney Torcivia asked if the motion to table included referring it to the Planning Board. Vice Mayor Babii stated yes, he would like to refer it. Mr. Torcivia clarified that the motion was to table and refer the matter to the Planning Board. Commissioner Gossett -Seidman asked if she could amend the motion to include investigation of other green areas and lakes. Mr. Babij said that would make the motion more complicated and that could just be part of the referral to the Planning Board. Ms. Gossett -Seidman then withdrew her amendment. Town Attorney Torcivia re -stated the motion as a motion to table the resolution and refer the issue of a moratorium for conservation area within the town to the Planning Board. UPON ROLL CALL: Vice Mayor Babij - Yes Commissioner David - Yes Commissioner Donaldson - No Commissioner Gossett -Seidman - Yes Mayor Zelniker - No Motion carried on a 3 to ? vote. Mayor Zelniker informally moved for a 5 -minute recess, which was taken. Town Commission Regular Minutes Date: June J, 2019 Paize 21 of 34 10. CONSENT AGENDA. Town Clerk Gaskins summarized agenda items l0A through l OC, reproduced in full below: A. Approval of Meeting Minutes April 2, 2019 — Regular Minutes April 23, 2019 — Special Minutes April 30, 2019 — Workshop Minutes B. Approval to Schedule the 2019 Light up the Holidays Event on Thursday, December 5, 2019. C. 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 and Designation of Town Attorney/Name Change. Mayor Zelniker opened the floor for public comments. Alan Polin of 3912 S. Ocean Boulevard requested that the amendment to the Town Attorney's contract be tabled because he had earlier requested that the Financial Advisory Board take up the issue of looking at this service provider's contract, as well as going out into the marketplace for other options. Many solo practitioners and other law firms specialize in municipal law in Palm Beach and Broward Counties. He suggested before getting involved in a binding contract that the FAB be allowed to review it and consider other options. Commissioner David disagreed, stating the agenda item merely changed the name and not the contract. The contract is already open-ended and either party can cancel it on 30 - days' notice. Commissioner Gossett -Seidman agreed with Ms. David. Mayor Zelniker explained that the agenda item was discussed in depth at the workshop meeting and it was just a name change. She requested a motion to approve the consent agenda as presented. MOTION: Commissioner David moved to approve the consent agenda as presented. Vice Mayor Babii seconded the motion. The motion was given a voice vote and carried on a unanimous vote of 5 to 0. It. UNFINISHED BUSINESS Commissioner Gossett -Seidman asked for discussion on the nominations before proceeding. She remarked that in the past, there were not enough people to fill Boards, and some Boards still do not have enough people. There is no defined requirement for each Board, such as background or residence location. Without a exact process, it becomes a popularity contest, and she objects to that and feels uncomfortable with it. She endorsed the recommendations made by Mr. Labadie. She also mentioned that a resident had told her only four members of the Board of Adjustment and Appeals were able to show up to the last meeting. She did some research, which she passed out to the Committee and made available to the public, Town Commission Regular Minutes Date: June 4, 2019 PaLle 22 of 34 showing that often board members are not present at the board meetings. She suggested that today the Commission appoint everyone and determine who would be a full-time member and who would be an alternate. If a space becomes open on a board, then the alternate moves in and a search begins for a new alternate. Having too few people on a board is a problem. She found it odd to have a board meeting and not have the full seven members plus attorney. She researched other towns and found they had alternates. She advocated doing the same thing, having extra people available to move into voting positions if a full-time member is not available. In fact, there would still be seats open if every applicant today was seated. She believed the process needed further refining. She advocated a methodical process, well thought out. Commissioner David felt that this can had been kicked down the road for too long. She advocated voting on the applicants today and change the process going forward. Commissioner Donaldson wanted to do the appointments today but also agreed with Ms. Gossett -Seidman. He had earlier put an agenda item on this very subject. There was a pending action that had been tabled, so he pulled it back, but he is moving in the same direction as Ms. Gossett -Seidman, and thinks the issue deserves attention. He wants the Boards at full strength but agrees that the next step is to get with the chairmen and start asking what is working, what is not working. Is the application form appropriate? Should there be more qualifications for one board or another? He likes the idea of alternates because during the summer people leave, and there. can be trouble getting a quorum. He wants to move the process ahead today but agrees that work needs to be done on the process. Vice Mayor Babii commented he loved the idea of alternates. He believes it should be incorporated into the rules the Town Manager was working on for Advisory Board members. He also agreed that the applicants today should be voted on so those spots can be filled. Mayor Zelniker agreed with everyone. Those who are not elected today can be approached to be alternates once the Commission approves the recommendations from the Town Manager. She agreed the applicants had come numerous times and they "deserve answers." She briefly summarized the process thus far, stating there had been interviews and input from residents. Town Manager Labadie suggested that as each appointment is considered, the Commission start with motions to approve someone. If there is a deadlock, a ballot process would be next. If that does not work, the appointment would have to be revisited. A. Nomination to Appoint one member to the Board of Adjustment and Appeals Board to serve a Three -Year Term ending May 28, 2022. Board Applicants: Jack Halpern Fred Rosen Richard Bailyn Town Commission Regular Minutes Date: June 4, 2019 Pane 23 of 34 MOTION: Commissioner David moved to appoint Fred Rosen as a member of the Board of Adjustment and Appeals to serve a Three -Year Term. Commissioner Donaldson seconded the motion. UPON ROLL CALL: Commissioner David - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Commissioner Gossett -Seidman added, "with the provision that the remaining non - appointees be immediately put back into the pool for immediate future pool or alternate persons." Mayor Zelniker interrupted the vote to state that this process has been going on for weeks and weeks, and that interviews were conducted for all the candidates. Town Manager Labadie reinforced that the process was already opened up for public comment. It was possible, however, if desired, to make a motion and second it, and hold the motion for comments before voting on it. Mayor Zelniker stated that Jack Halpern removed his name from consideration, as he wishes to stay on the Natural Environment Board. An unidentified male (Eric Goldenberg or Brian DeMoss) commented that the process was incorrect. He think there should be closed ballots. He found it inappropriate to nominate a person and take an audible vote on that. Dr. Greenwald joked he was going to give a campaign speech. He thought Fred Rosen presented well in the interview process, having extensive experience as a creator of multiple businesses. However, he wished to speak on behalf of Rick Bailyn and believes he should receive the appointment. Mr. Bailyn has experience as president of his homeowner's association, yet he is a political newcomer and an outsider, which is a positive quality. There should be no hint of insider connections or bias in decisions made by quasi-judicial bodies. He also finds Rick to be a bright, insightful man, evidenced by his academic and lifetime achievements founded on his intellect and dedication. As a neurologist, he is a dispassionate and logical thinker who can analyze data to reach a conclusion, without ever leaping to unwarranted conclusions. Neurologists also know how to offer bad new compassionately. These hard-earned skills are transferable to other areas, such as the Board. "Intensely logical, not overly emotion, calm, reasoned, firm but not rigid" — these are the traits important for quasi-judicial board members. Dr. Greenwald has known the applicant for 40 years, interacting both professionally and socially. The applicant "consistently displayed the analytic skills, logical thought processes, steadfastness, moral compass, professional ethics, and focused decision making that would serve Highland Beach extremely well" on the Town Commission Regular Minutes Date: June 4, 2019 24 of 34 Board. He characterized the applicant as collegial, analytical, and fair minded with no axe to grind, a solid choice for the Board. John Ross noted that the Town's ordinances "require certain of your Boards to have specific, named talents on them," such as degrees in city planning or a business background, and how many of each are required. As a semi judicial Board, these requirements must be met. He agreed that to get today's business done was important, but then the Commission should change the ordinances so they can be more representative. As a small town, there is not a large pool of people with all the specific degrees that are called for. Violating those ordinances can put the Town at risk of landing in court, so they should be amended. He advocating electing the applicants and then re-electing them after getting rid of the qualifications that people must have for the Board to exist. Vice Mayor Babij asked Town Manager Labadie if there were candidates who did not meet the criteria, which Mr. Labadie immediately began to research. Hang Adwar spoke about Fred Rosen, characterizing him as a capable man and a good choice for the Board. "Fred would do a fantastic job." Carl Gehman of Highland Beach Villas asked the Commission to vote on the people that are present. He complained they had been there for 4-1/2 hours already. It was time to vote the candidates in or out. Town Manager Labadie stated that according to his research, he could not find qualifications for members of the Board of Appeals in Chapter 20 Article 4 Chapter 2. The Code Enforcement Board does have a requirement. Doug Hillman spoke on behalf of Fred Rosen, stating he is a business man who has built and designed factories. He knows construction, codes, city ordinances, and labor. He has negotiated with towns. He knows what making payroll is. He has hired and fired people. He researches his decisions. Putting Fred on the Board is a decision that the Town will be pleased with. Business people are needed on the Boards, and Fred is a businessman. They make decisions based on facts and research, and the work of this particular Board is what Fred has done all of his life. "He is the man for this Board." Mayor Zelniker stated she did originally ask for closed ballots and asked if that was acceptable to the other Commissioners. Commissioner David believed they were not allowed to have closed ballots because of the Sunshine Law. She would prefer to keep it open to keep it transparent. Commissioner Donaldson has no preference between closed or open balloting. Commissioner Gossett -Seidman stated this is why she wanted to establish a process, to avoid the back and forth during meetings. Town Clerk Gaskins reminded everyone there was a motion pending. Town Commission Regular Minutes Date: June 4, 2019 Paize 25 of 34 Vice Mayor Babij asked if the motion could be tabled. He felt it would be fair to both candidates to do a ballot. He has no problem reading out the ballots after they've been written. There had been no discussion among the Commissioners about the candidates. Mayor Zelniker asked for clarification on where they were. Commissioner David asked to get the vote done and did not want to cancel the motion. Vice Mayor Babij called for discussion on the motion. Commissioner Donaldson agreed that the Code Enforcement Board had to be filled with certain candidates when possible, and that it was not a mandate. It is not a fixed rule. Commissioner Gossett -Seidman agreed that all the candidates had wonderful qualifications.. She promised the process will be sorted out as soon as the positions are filled. Vice Mayor Babii commented that the two candidates were vetted and both meet the criteria. The Board chair was asked to rank the candidates and chose not to. The Board chair also chose not to interview the candidates and instead left it in the hands of the Commission. He feels they are both extremely qualified candidates and hopes the non -appointed candidate will be an alternate. He feels there are many condo owners represented and thinks there should be another representative who owns a single-family home, which Mr. Bailyn is and Mr. Rosen is not. Mayor Zelniker mentioned that Mr. Bailyn had not participated in the Town, whereas Fred Rosen has been coming to lots of meetings. Knowing the history of some of the issues is helpful. She asked Mr. Bailyn to attend more meetings and asked him to consider being an alternate. Commissioner Gossett -Seidman clarified that an alternate attended the meetings and if someone didn't attend, the alternate then assumes that position and has full voting rights in place, so there are full Boards making decisions on behalf of the residents of the Town. The role call vote on the appointment of Fred Rosen was resumed and the first part of it repeated: UPON ROLL CALL: Commissioner David - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Vice Mayor Babij - No Mayor Zelniker - Yes Motion carried on a 4 to 1 vote. B. Nomination to Appoint one member to the Code Enforcement Board to serve an Unexpired Term ending July 30, 2021 or a Three -Year Term ending May 28, 2022. Town Commission Regular Minutes Date: June 4, 2019 Paize 26 of 34 Board Applicant: Carl Lee Gehman MOTION: Commissioner David moved to appoint Carl Lee Gehman as a member of the Code Enforcement Board for a Three -Year Term. Commissioner Donaldson seconded the motion. Vice Mayor BLbjcommented that Mr. Gehnian had served the community a great deal but does not believe this Board is the best Board for him. It is akin to a magistrate -like position and requires a judicial demeanor with non -emotional decision making, whereas Mr. Gehman is admittedly a passionate person. Mr. Babij suggested the Natural Preservation Research Board would be a better fit for Mr. Gehman's demeanor. Mayor Zelniker opened the floor for public comments. No comments were forthcoming. UPON ROLL CALL: Commissioner David - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Vice Mayor Babij - No Mayor Zelniker - Yes Motion carried on a 4 to 1 vote. C. Nomination to Appoint two members to the Planning Board to serve Three -Year Terms ending May 28, 2022. Board Applicants: Eric Goldenberg Carol Stern Brian DeMoss Commissioner Donaldson commented that this might be a better situation for ballot voting, and Mayor Zelniker agreed. Town Clerk Gaskins passed out ballots to the Commissioners. Commissioner David clarified that the ballot was to elect two people. After general discussion, it was decided to check two boxes (i.e., make two votes) on the ballot even though the ballot originally indicated it was for one vote. Town Manager Labadie announced to the Commissioners and the public that the form would be used for two votes. Vice Mayor Babij stated that the chair of the Planning Board did give recommendations for these open seats and told the Commission what his Board needed, for which he was thanked. Town Commission Regular Minutes Date: June 4, 2019 Paae 27 of 34 Mayor Zelniker opened public comments. Fred Rosen of Braemar first thanked the Commission for his Board appointment. He spoke about Brian DeMoss and gave a brief summary of his accomplishments and experience and endorsed him highly. Carl Gehman thanked the Commission for his Board appointment. He advocated that the Commission pick the best person for the Board, and stated "you know who you should vote for." Doug Hillman spoke about Brian DeMoss and made a joke about PXes and London Fog merchandise. He highlighted Mr. DeMoss' qualifications for the Planning Board, such as his skills in planning PXes, building them, caring for military personnel, and running physical facilities. His planning capabilities would be a gift to Highland Beach. Town Attorney Torcivia reminded the Commissioners to put their names on the ballots, and the Commissioners filled them out. Town Clerk Gaskins collected the ballots and tallied them. She announced the results as follows: Eric Goldenberg received 4 votes, Carol Stern received 1 vote, and Brian DeMoss received 5 votes. Therefore, Mr. Goldenberg and Mr. DeMoss were appointed to the two open seats. D. Approve and Authorize Commissioner Donaldson Participating as a Member on the Florida League of Cities Utilities, Natural Resources, and Public Work Committee. Commissioner Donaldson commented that he would not be asking for any expense reimbursement associated with the Committee he sought to join. He acknowledged he would not be speaking at the Committee in an official capacity for the Town of Highland Beach unless authorized by the Town. The Committee is a policy formation group, and he would appreciate support to join it. Commissioner David stated she did not see any downside to Commissioner Donaldson's participation. She felt he could bring back information, and endorsed his participation. Commissioner Gossett -Seidman commented she would have preferred Mr. Donaldson had taken the required workshop for elected officials provided by the League of Cities. She herself was told after she was elected that she needed to take the workshop to learn ethics and about Sunshine Law violations and the like, and felt just stepping onto a Board seemed premature. She encouraged him to take the weekend workshop and then apply for the Board. Vice Mayor Babij thanked Ms. Gossett -Seidman for information he was not aware of. Town Manager Labadie mentioned that all the Commissioners excepting Mr. Donaldson would be attending the Annual Conference at which training is available. Commissioner Donaldson agreed he could not attend that Conference but explained he had completed the requirements for ethics training. Mayor Zelniker mentioned that the Town could authorize certain expenses. Discussion ensued about which Commissioners had completed ethics training — Ms. David had, and Mr. Babij spoke (off microphone) about his participation in the training. Mayor Town Commission Regular Minutes Date: June 4, 2019 Pace 28 of 34 Zelniker stated she had -no problem with Mr. Donaldson joining the Committee in question. Town Manager Labadie confirmed that Mr. Donaldson had not requested expenses. No public comments were forthcoming on the subject. MOTION: Commissioner David moved to authorize Commissioner Donaldson to participate in the Florida League of Cities Utilities, Natural Resources, and Public Work Committee. Vice Mayor Babii proposed an Amendment to the Motion, adding, "At no point can Commissioner Donaldson speak for the Town of Highland Beach unless he receives majority vote from the Commission, not including his vote to do so." Commissioner David agreed with the sentiment but opined that it was too wordy for a motion, and should the caveat be violated, the Commission could remove Commissioner Donaldson's authorization to attend. Commissioner Donaldson asked if the issue was covered under the already passed Resolution regarding Commissioners speaking on behalf of the Town. Town Manager Labadie said that was true if "you are appointed" but stated the voting part is not really clarified in the rules of engagement. However, once appointed, one is essentially appointed by the Commission to participate. AMENDED MOTION: Commissioner David amended the Motion to include what Vice Mayor Babij stated, reproduced here: At no point can Commissioner Donaldson speak for the Town of Highland Beach unless he receives majority vote from the Commission, not including his vote to do so. Commissioner Donaldson seconded the Motion. UPON ROLL CALL: Commissioner David - Commissioner Donaldson - Commissioner Gossett -Seidman - Ms. Gossett -Seidman explained her vote, weekend training first. Vice Mayor Babij - Mayor Zelniker - Motion carried on a 4 to 1 vote. 12. NEW BUSINESS Yes Yes No saying she would rather Mr. Donaldson took the Yes Yes A. Consideration to Designate a Voting Delegate for the Florida League of Cities 93rd Annual Conference and Meetings. Town Manager Labadie remarked that Commissioner Gossett -Seidman had been appointed the voting member, but just for the Conference itself, there needs to be an Town Commission Regular Minutes Date: June 4, 2019 Paze 29 of 34 appointment. Commissioner David agreed to select Commissioner Gossett -Seidman for the role. Commissioner Donaldson agreed, but asked if there was a provision for an alternate. None was indicated. Vice Mayor Babij asked Commissioner Gossett -Seidman if she wanted the appointment, and she said it was fine. She reinforced her desire for the other Commissioners to take the 23 hours of training she had taken, finding it "immeasurably helpful in making decisions and connecting with other communities." Mayor Zelniker had no problem with the appointment. There were no public comments forthcoming. MOTION: Commissioner David moved to authorize Commissioner Gossett -Seidman to vote in the Florida League of Cities 93rd Annual Conference. Vice Mayor Babij 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 5 to 0 vote. B. Approval of the Employee Health Insurance Program for Fiscal Year 2019/2020. Town Manager Labadie explained that July 1 is the end of the renewal period for the current health insurance provider. Upon going out t6 receive bids, it was discovered the Town is now classified as a Large Group, a different category of employer, which has resulted in better pricing. Seven bids were received. A workgroup went through the options and recommended the Humana plan, one that has the scale of a national plan at a cost below what it would be to continue with United Healthcare, which has had service issues and problems. In fact, Boca Regional is considering dropping United Healthcare due to denial of claims. Upon negotiation, the cost for Humana came down more. It is a two-step plan: A standard base plan option with an HRA came in at $500 for single, $750 for a couple, $1000 for a family. In the buy-out plan without an HRA, the employee must cover the separation difference. The Humana plan will cost slightly less than the three -plan United Healthcare coverage, which has been not well received by the employees. Mr. Labadie commended the FAB on its work and recommendation. Commissioner David felt she was well informed and had no comments. Commissioner Donaldson remarked he had attended the Financial Advisory Board when the topic was discussed and understands the recommendation and feels it is a good one. He said the reaction from employees was good. Town Commission Regular Minutes Date: June 4, 2019 Paue 30 of 34 Commissioner Gossett -Seidman asked if the plan was an HMO or a PPO. Mark Reingold stepped up to the lectern and identified himself as the Town broker for the health insurance plan. He remarked it was a point of service plan, a national network in which employees can go to doctors and hospitals across the country. One can also go outside the network, which is called point of service. Ms. Gossett -Seidman confirmed the ER costs had gone down. She asked about the how the prescription drug plan compared. Mr. Reingold remarked it was similar in terms of co -pays. Ms. Gossett -Seidman asked if there was negative feedback from the employees, and Town Manager Labadie said no, the plan has been well received. He said office visits were less, specialists were less, and diagnostic services were "a better situation." The fact that it is a national plan allows employees to "expand out" if needed. Vice Mayor Babii thanked Mr. Reingold for his work on this. He remarked that he had just received notice that Boca Raton Hospital will no longer accept United Healthcare insurance. He pointed out to Commissioner Gossett -Seidman that on the spreadsheet, there is a comparison of the old and new prescription plan, and said he thought it was a slightly better plan. Mayor Zelniker commented she had also attended the Financial Advisory Board meeting where the plan was explained in depth, and felt it was a good plan. She believes the employees were very happy. Mr. Reingold confirmed that the benefits were enhanced from prior plans. He felt Humana was a very good program and had the least amount of administrative problems. No public comments were made. MOTION: Vice Mayor Babij moved to approve the Humana Plan. Commissioner David seconded the Motion. UPON ROLL CALL: Vice Mayor Babij - Yes Commissioner David - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. 13. CIVILITY PLEDGE Town Clerk Gaskins read the Civility Pledge into the record. 14. PUBLIC COMMENTS AND REQUESTS AGENDA ITEMS ONLY Town Commission Regular Minutes Date: June 4, 2019 Paize 31 of 34 Mayor Zelniker reminded the public that public comments would be limited to three (3) minutes each to speak on agenda items. She instructed the public on the proper protocol. David Axelrod of 3740 S. Ocean Boulevard remarked that four members of Braemar Isle had been appointed in the last month the Boards, including two on the Planning Board. He remarked, "I don't want to hear Toscana anymore." Carl Gehman of Highland Beach commended the Commission on its votes. He felt the Commission was "getting it together." John Ross brought up the subject of bidding contracts. He remarked, "In order to not bid a contract that is over $25,000, you need to bring that to the Commission and you need a supermaj ority." He said that meant four votes were required to not send the contract back and bid it. He did not see anything else in the Charter or ordinances that required a supermajority, and he wanted to point that out. He felt it was a good idea. He said a lot of money was saved when it all was bid. 15. TOWN COMMISSION REPORTS A. Commissioner Evalyn David Commissioner David asked that meetings be more efficient and limited in time. She remarked that agenda items should not be added at the last minute unless it is a true emergency. An additional meeting can always be added between regularly scheduled meetings. B. Commissioner Barry Donaldson Commissioner Donaldson remarked that in May, he monitored a quarterly Florida Commission on Resiliency webinar. He attended the Planning Board and the Code Enforcement Board meetings. He participated in the League of Cities District 4 meeting, where Highland Beach received an endorsement from the 40cean group that collects ocean plastic in Boca Raton. He attended a Committee to Save Highland Beach meeting that reviewed the 2013 beach renovation study. He attended the Financial Advisory Board meeting and also monitored a webinar on the use of social media in emergency situations. He monitored a webinar on modernizing financial reporting systems, and remarked that budget discussions were upcoming. Given the fact that there will be new transparency requirements with Florida reporting laws and the Town systems are outdated, he feels that modernizing the financial reporting systems needs to be moved "up the scale." The wake issues with the Intercoastal Waterway continue nonstop, but it is a jurisdictional thing that has caused the Town problems. He acknowledged the meetings were long, but asked the public to understand that the meetings provide one of the few times the Commissioners have a chance to talk to each other, and thus were very important. C. Commissioner Peggy Gossett -Seidman Town Commission Regular Minutes Date: June 4, 2019 Paize 32 of 34 Commissioner Gossett -Seidman encouraged her fellow Commissioners to take the League of Cities weekend trainings. She felt it was important and would "open your eyes." She also addressed Dr. Alexrod's comments about Toscana. One criteria for choosing Board members is that those people who were appointed have been attending meetings. She also remarked her desire to get the procedures in place before appointing seats, but that didn't happen. She does hope that her idea of having alternates on the Boards will be taken up, as it works well in other cities. She asked anyone who did not get appointed to a seat today to consider being an alternate. She hoped the other vacant Board seats could get filled up. She thanked the public for "hanging in there with us." D. Vice Mayor Greg Babij Vice Mayor Babij addressed Mr. Adwar's comment about the Intercoastal. He remarked that during manatee season, the speed limit was 25 miles per hour, and off season is 30 miles an hour. Fish and Wildlife is currently patrolling and enforcing speed limits, so there is in fact policing going on. He conceded the Intercoastal will not become a No -Wake Zone. He does not believe Highland Beach having a police boat will make any difference. He thanked the public for bearing with the Commission, and he gave the Commission a B- in how the new protocol was followed. He promised to "get to an A." He commended some of the residents for their comments. He reminded the public to provide content and be efficient, and promised the Commission would be more efficient as well. E. Mayor Rhoda Zelniker Mayor Zelniker passed on her comments. 16. TOWN ATTORNEY REPORT. Town Attorney Torcivia remarked he was enjoying watching the new Commission become a team. He likes the new procedure with the public comments, elevating the level of debate. He appreciates the Commission approving the amendment on the name change and capping fees for the next two years. 17. TOWN MANAGER REPORT Town Manager Labadie remarked that he has spoken with the engineers about crosswalks. They are working with FDOT, and they have met with design staff. The project is picking up steam, with input from FDOT. Also taking shape is the flags project, using a local vendor to keep the dollars in the local economy. The budget is moving forward. The leadership team is doing a great job moving to the new format and getting the data and making submissions, so the budget is on schedule. The Town's website is OCR compliant with content, meaning someone with visual impairment can run their cursor over the text and be able to read it. The website did not go down and is still live. Town Commission Regular Minutes Date: June 4, 2019 Paize 33 of 34 Mr. Labadie reported that water quality numbers have spiked up in terms of bacteria. Sargassum on the near shore has a lot of bacteria, and it is being monitored. It is still below EPA thresholds, but numbers have come up. The samples are being taken from 3 or 4 feet out. Mr. Labadie promised to get better control of the agenda on the administrative side. He will devise ways to limit content or call more meetings. He does get frustrated with workshop meetings, since action cannot be taken at them. So if more meetings are needed, that will be done. He will bring a policy for the Commissioners to look at to establish agenda control to keep it from growing as the Town works through items to meet deadlines. Mr. Labadie encouraged the public to share ideas about what needs to be changed in the Charter and to write those ideas down. He said to share that information with the Manager's Office. The Charter review will not happen immediately, but if ideas come up, write them down and email them, so they can be queued up. When the process begins in earnest, the ideas from residents can be collected and integrated. Sometimes those ideas are not Charter issues but ordinance issues. Mr. Labadie reported that the wives of three deceased commissioners have accepted participating in the 70th Anniversary Committee along with Mr. Adwar, so there are four. He hoped for a fifth to move that group along. That will start picking up steam. He asked that any ideas or volunteers to participate, let the Manager know. Mr. Labadie apologized for edit error on The Highlander. The content was there. An email was sent out apologizing for missing dates on the back page of the Highlander. On the sewer update, Mr. Labadie said "take a deep breath" and maybe there would be a referendum in the future. The sewer system is very dated. He knows there; are problems with the laterals. The main system of clay and cast iron piping is 50 years old and is due for updating. The problem is being studied in terms of how emergent it is. It will be a project over $350,000. A video is being made and consulting engineers will be brought in to determine how bad the problem is and what the timeline is, as well as what the options are. Lining the pipes is one option. Old pipes would get cleaned out and lined. That takes less time than excavating all the existing infrastructure. He will keep everyone informed as they assess the true condition of the system. Mr. Labadie mentioned operational shifts, and also cultural shifts. His employees are on board with getting to "a strategic approach in thinking" but cautioned that such a cultural shift takes time. He reminded everyone that his department was working on it. Holiday decorations would be addressed later in the week. Mr. Labadie mentioned he attended the FCCMA conference and found it a wonderful experience. He thanked the Commission for allowing him to go. He met many colleagues in Palm Beach County and was able to "vet out" ideas, experiences, and problems. He felt it is a great network for him to bounce off ideas and share issues the Town was having. Town Commission Regular Minutes Date: June 4, 2019 Paize 34 of 34 ADJOURNMENT There being no further business, Mayor Zelniker called for a motion to adjourn the meeting at 5:28 PM. MOTION: Commissioner David moved to adjourn the meeting. Commissioner Gossett - Seidman seconded the Motion. The Commission meeting was adjourned at 5:28 PM. APPROVED at August 6, 2019 Regular Meeting. a _ l i "-- ATTEST. d 41� r �' Fdnelda Gaskins, MNIC, Town Clerk Rhodaelni er, Mayor Transcribed by TEI/mra Date