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2019.04.02_TC_Minutes_RegularO� N1GHL4 F�0RIOp TOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MINUTES Town Hall / Commission Chambers 3614 South Ocean Boulevard Highland Beach, Florida 1. CALL TO ORDER Date: April 2, 2019 Time: 1:30 PM Mayor Zelniker called the Regular Meeting to order at 1:30 PM. 2. PRESENT UPON ROLL CALL Mayor Rhoda Zelniker Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett -Seidman Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Commission led the Pledge of Allegiance, followed by a moment of silence. 4. APPROVAL OF THE AGENDA Commissioner Barry Donaldson clarified Item 11 G under New Business, stating that the consideration to repeal ordinance 18-008 O is actually to rescind portions of the ordinance, not just to repeal it. Commissioner Evalyn David asked to move Item 9A, Proposed Resolution/Public Comments Five Minutes, to before Item 14, Public Comments on Agenda Items Only. Town Attorney Glen Torcivia replied she could if she makes the motion to re -order the Agenda. MOTION: Commissioner David moved to modify the Agenda by moving Item 9A, Proposed Resolution/Public Comments Five Minutes, to before Item 14, Public Comments on Agenda Items Only and to accept the modified Agenda. Commissioner Donaldson seconded the motion. UPON ROLL CALL: Commissioner Evalyn David Yes Commissioner Barry Donaldson Yes Commissioner Peggy Gossett -Seidman Yes Town Commission Regular Minutes April 2, 2019 Page 2 of 19 Mayor Rhoda Zelniker - Yes Motion passed on a 4 to 0 vote. The agenda was accepted as amended. 5. CIVILITY PLEDGE Town Clerk Lanelda Gaskins read the Civility Pledge into the record. 6. PROPOSED ORDINANCES AND RESOLUTIONS Town Clerk Lanelda Gaskins read Item 6 into the record A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A POLICY ALLOWING PUBLIC COMMENT PORTIONS TO BE FIVE MINUTES FOR EACH SPEAKER DURING WORKSHOPS, REGULAR AND SPECIAL MEETINGS OF THE TOWN COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Commissioner David moved to accept the Resolution and make the effective date April 2, 2019. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Evalyn David - Yes Commissioner Barry Donaldson - Yes Commissioner Peggy Gossett -Seidman - Yes Mayor Rhoda Zelniker - Yes Motion passed on a 4 to 0 vote. 7. PUBLIC COMMENTS AND REQUESTS John Boden thanked the Commission for changing the duration of the comments back to five minutes. He asked the citizens to demonstrate respect for both the Commissioners and for fellow citizens, to always respect the time limit when speaking and not exceed the allotted time. He made the following suggestions to stay within the allotted time: • Prepare and plan what you are about to say. • Speak directly into the microphone so those present and those viewing the video can hear all that you have to say. • Make notes to help you stay on track and assure all that you want to convey is communicated. • All comments should be about what you would like to have happen in the future rather than things that happened in the past, which cannot be changed. Town Commission Regular Minutes April 2, 2019 Page 3 of 19 • If you have comments that may take longer than five minutes, bring them in writing and supply a copy to Town Clerk Gaskins so that they can be included in the minutes rather than exceed your time limit. Jane Perlow thanked everyone who helped defeat the resolutions and that somebody realized were no longer needed. She made comments regarding the resignation of the vice mayor and commented on the conduct of some of the Commissioners. She remarked that the Town has only two elected Commissioners—Peggy and Evelyn—and that the others are all appointed. She asked that residents continue coming to the Commission meetings because their input is important. David Axelrod asked to talk about an alternate method of choosing the vice mayor and the Town Attorney agreed. He commented that at the last appointment, there were two subjects that were brought up -- transparency and public participation. He suggested that the Commission consider adding the five chairmen of the various advisory boards plus two members of the public be chosen, and to vet and interview and decide from the number of candidates. Jack Halpern commented on agenda Item 12G. His comments included the following: • Four members of the board are from Toscana • The Golden City property • Unity of Title • The Milani property • Mark Hami ster • He filed a complaint with the Ethics Board regarding Commissioner Donaldson. Tim Bumich thanked the mayor for remembering Vietnam Veteran's Day. He commented on serving in Vietnam with the 12th Evacuation Hospital and recalled a patient who was a triple amputee, and that not a day goes by that he does not think of him. John Ross mentioned he has no problem with the process outlined on selection of a new vice mayor and mentioned that the selection had to be made in accordance with Article 2, Section 27 of the Town Charter. He also mentioned that he has no problem with Commissioner Donaldson's agenda item 12G. He recommended letting the boards do most of the work on the details of items, and also, suggested considering having people who are granted variances make a contribution to the town. Rick Greenwald had 10 recommendations/guidelines/suggestions for the Commission: • By a 19-1 landslide vote, the recent referendums are dead. Stop talking about alternative ways to move forward with unsound, unwanted plans, take a step back and refocus on serving the future of the community. • Stop personal sniping at each other, including members of the audience. Focus on collegiality and moving forward. • As you move forward with the town's business, do so thoughtfully, deliberately, and responsibly. Town Commission Regular Minutes April 2, 2019 PaLye 4 of 19 • Understand and support the roles of the Town Manager and staff. • Understand, support, and derive strength from the town's advisory boards and committees. • Work within the budget. • Complete the Cross Works projects. • With staff working with FDOT based on 2016 studies, see what can be done to address puddling with appropriate swale improvements. Engage code enforcement if after the study some of the problems are found to be personal property related. • Recognize that Rome was not built in a day. Designing and completing a successful project within a budget is not easy and requires a lot of time, energy, and emotional input. Set achievable priorities. • Do not get stampeded into precipitous decisions by pseudo emergencies of individual constituent pleas. Peter Kosofsky commented that a letter he sent out at his own cost touched a nerve. He reiterated he paid for the letter with personal funds. He stated that when there are many coincidences, it is no longer a coincidence. He commented that he previously asked that Mr. Donaldson, the mayor, and other commissioners make public their meetings with Mark Hamister and they have not yet done so. He suggested that the Commission should not reinvent the wheel and it should gain guidance from what other towns are doing or have done. He mentioned he does not believe that elected officials are in charge of the government and does not believe that they have been acting for the welfare of the general public, as opposed to the welfare of a few wealthy persons. 8. PRESENTATIONS / PROCLAMATIONS: A. None. 9. BOARDS AND COMMITTEES / ANNOUNCEMENTS Town Clerk Gaskins read each of the titles of the Boards and Committees items into the record. A. Board Vacancies / Interviews 1. Board of Adjustment and Appeals Board — One (1) Vacancy for a Three -Year Term and One (1) Reappointment for a Three -Year Term 2. Code Enforcement Board — One (1) Vacancy for a Three -Year Term 3. Natural Resources Preservation Advisory Board — Two (2) Vacancies: One (1) Three -Year Term and One (1) Unexpired Term Ending July 2021 B. Upcoming Meetings and Events 1. Planning Board Meeting — April 10, 2019 — 9:30 AM A quorum for this meeting was confirmed. 2. Town Commission Workshop Meeting —April 30, 2019 — 1:30 PM Town Commission Regular Minutes April 2, 2019 PaLye 5 of 19 10. CONSENT AGENDA Town Clerk Gaskins read each of the titles of the Consent Agenda items into the record. A. Approval of Meeting Minutes February 5, 2019 — Regular Minutes February 26, 2019 Workshop Minutes March 5, 2019 — Regular Minutes B. Approval and Authorize the Mayor to Execute the Professional Services Agreement with NodeO IT for IT Related Consulting Services. C. Approve and Authorize the Mayor to Execute Task Order No. 19-01 with Keith and Schnars for the Crosswalk Enhancement Project. MOTION: Commissioner Donaldson moved to approve the Consent Agenda as presented. Commissioner David seconded the motion, which passed unanimously. UPON ROLL CALL: Commissioner Barry Donaldson Yes Commissioner Evalyn David Yes Commissioner Peggy Gossett -Seidman Yes Mayor Rhoda Zelniker Yes Motion passed on a 4 to 0 vote. 11. NEW BUSINESS Town Clerk Gaskins read each of the titles of Item 11, New Business, into the record. A. Approval to Terminate the Interlocal Agreement between the Town of Highland Beach and Treasure Coast Regional Planning Council for the Development of a Complete Street Plan Related to the Ocean Walk and More Project. Mayor Zelniker referred this item to Town Manager Labadie. Town Manager Labadie mentioned that the Commission discussed this item on March 26, 2019 and recommended terminating the contracts expeditiously to bring this project to an end. The staff has one Interlocal Agreement and a few engagement letters that it would need to break, starting with the Treasure Coast, which is Interlocal Agreement to terminate that per the clauses of the contract. Town Commission Regular Minutes April 2, 2019 Commission Discussion: Page 6 of 19 Commissioner David stated he feels the Commission should terminate the Interlocal Agreement between the Town of Highland Beach and Treasure Coast Regional Planning Council. Commissioner Donaldson had no comments. Commissioner Gossett -Seidman asked for a status of the finances and if there was any capability of reach -back. Town Manager Labadie responded that they were about $102,000 into the contract that had a total of $146,000, and that they delivered what they believed are Tasks 1 through 5. He stated if the Commission wants the Town to pursue the reach -back component, they will. He commented that the Town has reached out to Treasure Coast's attorneys and they are working through determining a status provision. They are also looking into the legality of the Interlocal Agreement and the timing of signature. Commissioner Gossett -Seidman determined that they are not anywhere further than the last meeting to where the Commission has a better understanding of the financial situation, and that they are still in negotiations. Town Manager Labadie commented that if the Commission would like to explore that or put it in the motion as part of the termination, they will. Commissioner Gossett -Seidman conunented how difficult this has been for the public and that 1900 -plus people are dissatisfied with their jobs. She also mentioned that they are on video three times making false and misleading statements to the Commission and to the residents. Town Attorney Torcivia confirmed that Commissioner Gossett-Seidman's motion is to terminate the agreement and aggressively explore reach -back of as much as possible, to which Commissioner Gossett -Seidman replied to reach back to zero. Mayor Zelniker commented that there was a motion made and Vice Mayor Nila, Commissioner Gossett -Seidman, Commissioner Riesa, and Mayor Zelnicker voted to proceed based on the information that they were given. Commissioner Gossett -Seidman disagreed with the mayor's comment and stated that she wished to investigate further the amount of monies they claimed they are owed and that the Commission had expended to reach -back. The mayor responded that Commissioner Gossett -Seidman did make the statement and that the Commission should. Commissioner Gossett -Seidman had requested since February copies of the correspondence that she as a Commissioner should have received and did not receive from Treasure Coast, from Vice Mayor Nila, and any others associated. She again respectfully demanded those files that she should have had since September 4, 2018. Town Commission Regular Minutes April 2, 2019 Page 7 of 19 Commissioner David asked if it was possible to terminate the agreement within the 30 -days notice period so that they do not go forward with the work, yet at the same time preserve the right to reach back. Town Attorney Torcivia replied that it is possible. MOTION: Commissioner Gossett -Seidman moved to terminate the Interlocal Agreement between the Town of Highland Beach and Treasure Coast Regional Planning Council for the development of a complete street plan related to the Ocean Walk and More Project. Commissioner David seconded the motion. UPON ROLL CALL: Commissioner Peggy Gossett -Seidman Yes Commissioner Evalyn David Yes Commissioner Barry Donaldson Yes Mayor Rhoda Zelniker Yes Motion passed on a 4 to 0 vote. B. Approval to Terminate the Agreement with Public Resources and Advisory Group, Inc. (PRAG) for Financial Advisory Services in Partnership with the Florida Municipal Loan Council and Florida League of Cities. Commission Discussion: Mayor Zelniker referred this item to Town Manager Labadie. Town Manager Labadie suggested to terminate the agreement. Commissioner David agreed to the termination of the agreement. Commissioner Donaldson had no comments. Commissioner Gossett -Seidman agreed to the termination of the agreement with an explanation from the Town Manager as to the resident's comments that the Financial Director had worked for PRAG previously. She said she would like to have a public statement about this matter. Mayor Zelniker commented that PRAG works with the Florida Municipal Loan Council and the Florida League of Cities. Town Manager Labadie commented that at the last Commission meeting, he stated that the Finance Director was previously employed by PRAG approximately 10 years ago and had nothing to do with having PRAG as the financial advisor for this project, and that the role was chosen for them when they went through the Florida Municipal Loan Corporation. The same was said of Bryant Miller Olive P.A., who was chosen as the Bond Counsel for this program. Town Commission Regular Minutes April 2, 2019 Page 8 of 19 MOTION: Commissioner David moved to terminate the Agreement with PRAG for financial advisory services in partnership with the Florida Municipal Loan Council and Florida League of Cities. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Evalyn David Yes Commissioner Peggy Gossett -Seidman Yes Commissioner Barry Donaldson Yes Mayor Rhoda Zelniker Yes Motion passed on a 4 to 0 vote. C. Approval to Terminate the Letter of Intent with the Florida Municipal Loan Council (Administered by the Florida League of Cities). Commission Discussion: Mayor Zelniker referred this item to Town Manager Labadie. Town Manager Labadie suggested terminating the Letter of Intent with the Florida Municipal Loan Council. Commissioner David agreed to terminate. Commissioner Donaldson had no comments. Commissioner Gossett -Seidman agreed to terminate. MOTION: Commissioner David moved to terminate the Letter of Intent with the Florida Municipal Loan Council. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Evalyn David Yes Commissioner Peggy Gossett -Seidman Yes Commissioner Barry Donaldson Yes Mayor Rhoda Zelniker Yes Motion passed on a 4 to 0 vote. Town Commission Regular Minutes April 2, 2019 Paye 9 of 19 D. Approval to Terminate the Engagement Letter with Bryant Miller Olive, Attorneys at Law for Bond Counsel Services related to the Ocean Walk and More Project. Commission Discussion: Mayor Zelniker referred this item to Town Manager Labadie. Town Manager Labadie suggested terminating the Engagement Letter with Bryant Miller Olive for bond counsel services. Commissioner David agreed to terminate. Commissioner Donaldson agreed to terminate Commissioner Gossett -Seidman agreed to terminate. MOTION: Commissioner David moved to terminate the Engagement Letter with Bryant Miller Olive, Attorneys at Law for Bond Counsel Services related to the Ocean Walk and More Project. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Evalyn David Yes Commissioner Peggy Gossett -Seidman Yes Commissioner Barry Donaldson Yes Mayor Rhoda Zelniker Yes Motion passed on a 4 to 0 vote. E. Designation of a Voting Delegate and an Alternate Voting Delegate for the Palm Beach County League of Cities General Membership. Commission Discussion: Mayor Zelniker referred this item to Town Manager Labadie. Town Manager Labadie suggested designating a voting delegate and an alternate voting delegate for the Palm Beach County League of Cities General Membership, and stated that it would satisfy Resolution 29-008, which would then be the Board appointing the individuals of the Commission to represent the Town and participate in the Palm Beach League of Cities, which is for elected officials. Commissioner David asked if it was possible to appoint one person and list the rest of the Commission as alternates. Town Clerk Gaskins and Town Attorney Torcivia responded it can be done. Town Commission Regular Minutes April 2, 2019 Page 10 of 19 Commissioner Donaldson commented that the two ranking members of the Commission should be appointed — the Mayor should be the primary voter and the Vice Mayor should be the alternate voter. Commissioner Gossett -Seidman discussed that she has attended six days of League training and will be attending again later in the month. She commented that the experience has been helpful to her in providing guidance. She stated that she believes the entire Commission should be able to participate in the League, that it is a big asset to the Town, and that the Commission needs to rely on it more for all of the elected officials. Mayor Zelniker stated that Commissioner Gossett -Seidman attends all the meetings and is very active with the League of Cities. She suggested that Commissioner Gossett -Seidman represent the Town and be the voting delegate with the League of Cities and the rest of the Commissioners be alternate voting delegates. MOTION: Mayor Zelniker moved to designate Commissioner Gossett -Seidman as the voting delegate and the rest of the Commissioners as alternate voting delegates for the Palm Beach County League of Cities General Membership. Commissioner David seconded the motion. UPON ROLL CALL: Mayor Rhoda Zelniker Yes Commissioner Evalyn David Yes Commissioner Barry Donaldson Yes Commissioner Peggy Gossett -Seidman Yes Motion passed on a 4 to 0 vote. F. Consideration to Approve a Process and Schedule for the Vacancy of the Office of Vice Mayor -Commissioner. Commission Discussion: Mayor Zelniker referred this item to Town Manager Labadie. Town Manager Labadie discussed that the Vice Mayor resigned on March 27, 2019. That triggered the Town Charter, which gives the Town 30 days to make an appointment by resolution. That open seat would then be voted on at the next general election, which is March 2020, for the final year of the three-year term. In 2021, the regular three-year cycle of the Vice Mayor seat would then be open for election. In the interim, the Commission is appointing for 11 months per a process to be engaged in this discussion. He highlighted the following points from the presentation packet he distributed to the Commissioners: • The Palm Beach County Supervisor of Elections cannot physically hold an election because all the equipment has been de -certified and they are moving to new equipment, so no special election can be held at this time. The Charter mentions that the next general election will be Town Commission Regular Minutes April 2, 2019 11 of 19 held in March 2020. Since this is an off -cycle year, there are no state or federal elections in November that potentially could be a general election. Town Attorney Torcivia confirmed that this is correct. • The Town needs to find a means of appointing the Vice Mayor, and he suggested that the Commission use the most appropriate and transparent process to propose an appointment. • The first step would be an application period, by which a qualified and eligible person interested in being appointed to the Commission shall submit a letter of interest and a resume. He remarked that Section 1065 of the Charter defines who is eligible and the process that, upon completion of the application period, the Town Clerk would verify that the applicants meet the qualifications. • A qualified and eligible person interested in being appointed to the Commission shall complete a background investigation and waiver form. • A qualified and eligible person interested in being appointed to the Commission shall have until the close of business April 9, 2019, to submit the letter of interest, resume, and completed forms. • That one-week period will also give the Police Department time to conduct thorough background investigations. • The process shall be completed by no later than the close of business April 16, 2019. • This process gives the Commission 27 days to fill the seat, but the process might be expedited depending on the number of applications received. • Special meetings would then be scheduled to conduct interviews, tentatively scheduled from April 22 until midnight of April 27. • He recommended that the appointment be by Resolution, so three of the four seated Commissioners must make this vote as called for in the Charter. Commissioner David asked if it would be possible to have the Chairman of each of the Boards take part in the interview process, but not vote on Resolutions. She also mentioned that she would like to be able to have public comments on the process as well. Town Attorney Torcivia responded that it could be done. He advised that the Board Chairmen not discuss the applicant resumes as to not inadvertently violate Sunshine Laws. Town Manager Labadie responded that a special meeting format could be set up where they could take public comments on each applicant. Commissioner David then remarked that the Town Charter needs to be updated. Commissioner Donaldson commented that he is not in favor of bringing in a second-tier review process through a Commission Board process but would certainly welcome public comments on each of the candidates. He asked for clarification about what the application packet would comprise. The Town Manager responded that a Letter of Interest and background waiver form would be sufficient. He asked if there was a process by which the Commission can disseminate the applications to the public without having to go through a personal records request. The Town Manager responded that the Commission could make Letters of Interest and resumes available as public record, but that personally identifying information such as Social Security numbers would be redacted. Town Commission Regular Minutes April 2, 2019 Paize 12 of 19 Commissioner Gossett -Seidman asked Commissioner David to clarify to what degree she wanted Board Chairmen to be involved in the application process. Commissioner David responded that they only give input at the meetings. Commissioner Gossett -Seidman mentioned that the Commission needs to adhere to the Charter as it is the rule of law. She commented that she would like the people's input at every level. She suggested that once the Resolution passes, she would like to have the Town Manager conduct a Charter Review to come to a more modern and updated process for filling vacancies. She commented that if a Board Chairman wished to apply for the Vice Mayor seat, the Commission needs to be careful on the process so there is no conflict of interest. Mayor Zelniker agreed with Commissioner Gossett's-Seidman's comments but remarked that the Charter does not clarify anything of this nature, and that it needs to be updated. She asked Town Attorney Torcivia if a Charter review is necessary to fill the vacancy or if it could be done through a resolution. She suggested that the Commission focus on the appointment of the Vice Mayor and update the Charter at a later time, because the seat needs to be filled immediately. Town Attorney Torcivia responded that in order to revise the Charter, it would need to be placed in front of the people. He also discussed that the Commission establish a process where each Commissioner, for example, would ask one question each until all questions have been answered. He explained that it is the Commission's authority, power, discretion, and responsibility to fill the vacancy. MOTION: Commissioner Donaldson moved to approve a process and schedule for the vacancy of the Office of Vice Mayor -Commissioner. Commissioner David seconded the motion. UPON ROLL CALL: Commissioner Barry Donaldson Yes Commissioner Evalyn David Yes Commissioner Peggy Gossett -Seidman Yes Mayor Rhoda Zelniker Yes Motion passed on a 4 to 0 vote. G. Consideration to Repeal Ordinance No. 18-008 O. Commissioner Donaldson (.AGI-�,N1.)A..A1.)1)1F,NI1.)l..l M.) Commission Discussion: Commissioner Donaldson commented that this was put before the Commission in prior Workshop and some general discussions, but the Commission was unable to get a consent agenda on this item. He wanted to bring this item before the full Commission because he still thinks this is a very important item. He commented that he would like to address comments that were made earlier by members of the public. He clarified that his intent in proposing rolling back the powers of the Board of Adjustment and Appeals to the members of the Board of Appeals without review or approval by the Town Commission is to take politics out of the Commission's hands. He commented that he appreciates and understands the concerns that led to this initially but that he Town Commission Regular Minutes April 2, 2019 Page 13 of 19 always felt there was a better way to repair it than to completely change it. He said he would like to get back to the point of strengthening this board, for which he has a lot of respect. He remarked that he cannot think of a single ruling that has been challenged in court that was brought before this group. He asked for the Commission's consideration of the item. Commissioner David commented this ordinance was over -reaching when it was passed, so she is in favor of repealing it. She asked Commissioner Donaldson if there was a problem with going back to the way it was before the resolution was passed. Commissioner Donaldson commented that he went through it line by line but doesn't think the Commission has time to review it. He mentioned that he would be amenable to simply passing this back to the Town if the Commissioners can get a general feeling that they would like to pursue bringing back for the next Workshop a completed form with exact language of what would be kept and what would be eliminated. Commissioner. David remarked that she is in favor of handing back the responsibility to the Board and allowing the Board members to make the decisions, and that the Commission should not be involved. Commissioner Gossett -Seidman commented that she brought this item up last summer because two Planning Board members mentioned to her that they were granting too many variances. She did some research and discovered that they granted 71 of 100 variances and remarked that most towns grant 5% to 8%. She then discovered that since 2013, they granted 14 and denied 7; and since 2016, granted 6 and denied 3. She commented that the problem at that time was that the Town had no Town Planner nor a fully staffed Building Department. Also through this research she discovered, of the 22 towns she contacted, more than half of them had a second level of Board oversight. She further commented that she does not think that any one particular building, condo association, homeowner's association, etc., should have a majority vote on any Board. She believes that currently there are three or four people on this Board from one particular association and feels that all areas of the Town need to be represented. She mentioned that since the Town Planner is currently on sick leave she would like to make a motion to delay this item until the Workshop so that the best decision can be made for everyone in the Town. She pointed out that she does not want there to be any belief that this Board defers and provides variances in order to stay out of court; and maybe that there needs to be a second level of input at the Town level before going to court. She pointed out that the Planning Board makes determinations and decisions about everything in town except single-family homes, and it needs to be reviewed. She commented that if the Planning Board, Adjustments and Appeals Board, and the Town Commission could make joint decisions on some of these site plans and permits, maybe they would not have had some of the issues they have been having with swales and flooding. She suggested that the Commission reviews the permitting procedure and makes the best decision for everyone. Commissioner David asked if more members could be added to this Board to mitigate the issue of any entity having a majority vote on any Board. Town Manager Labadie responded by saying he Town Commission Regular Minutes April 2, 2019 Page 14 of 19 would have to research by reviewing the State Planning App. The Town Attorney commented that the Boards are created by ordinance and that they could always amend the ordinance to make changes to the Boards. She agreed that the Commission should delay this item. Mayor Zelniker commented that it is difficult to recruit people to volunteer to fill the openings on Boards. She mentioned that the Town had many problems with codes and that more involvement by people from Code Enforcement was needed. She concluded that there is a lot of work to do and it is not simple. Commissioner Gossett -Seidman stated that if Board meetings were moved to late -afternoon or early -evening, more working people could attend. MOTION: Commissioner Gossett -Seidman moved to delay this item to the May 2019 Workshop Meeting. Commissioner David seconded the motion. UPON ROLL CALL: Commissioner Peggy Gossett -Seidman - Yes Commissioner Evalyn David - Yes Commissioner Barry Donaldson - Yes Mayor Rhoda Zelniker - Yes Motion passed on a 4 to 0 vote. 12. MISCELLANEO � S ITEMS LEFTOVER A. None. 13. CIVILITY PLEDGE Town Clerk Gaskins again read the Civility Pledge into the record. 14. PUBLIC COMMENTS ON AGENDA ITEMS ONLY Jack Halpern commented that he was on the audit committee of CH2M Hill for the water plant overrun and was able to save the town $425,000 through that audit. He volunteered to help audit the Treasure Coast contract. He commented that he joined the Code Enforcement Board as a second Board while he was on the Natural Resources Board because it needed a quorum to get established at that time. He said would like to resign and submit an application for the Board of Adjustment, where he previously served for two sessions. Mr. Halpern commented that Commissioner Weinroth pointed out in May, Milani Park comes up and there are three alternatives: either they extend five years and it's approved, they build a park, or it goes back to Milani. He suggested the Town be proactive and have hearings. Michael Rothberg made comments on the termination of contracts. He suggested the Commission accept the terms of the contracts, pay the final bills, and move on, that this would be in the best interest of the Town. He said that while it is a good idea to get more people involved Town Commission Regular Minutes April 2, 2019 Paye 15 of 19 in the process for the appointment of a Vice Mayor, it is going to take longer and it may be a violation of the Town Charter. Regarding the issuance of 77 out of 100 variances in one year, he said that although that sounds like a lot, maybe the Code is not realistic and is too complicated and limited to what people are supposed to do with their free -and -clear property. Perry Baron asked if Michael Rothberg was a resident of Highland Beach, and he confirmed that he is. Roger Messenger congratulated the Commission on doing a very professional job today. He indicated that his son is an attorney whose specialty is variances. He agreed that when there are too many requests for variances, there is a need to review the code and compare it with what the variance requests are. He encouraged the Town that if there is a serious problem with variances to hire a subject matter expert to review and possibly re -write the code. Doug Hillman commented on the discussion about the Boards, one of which had four members all from the same development. He suggested that the Commission considers having two classes of members, voting and non-voting members. He said that regarding the $102,000 the Town already paid to Treasure Coast; he does not believe that they delivered a complete street plan related to the project. He suggested that the Town may have grounds to call back some of the money already paid. William Weitz welcomed Glen Torcivia to the Commission. He commented on the shortfalls of the Commission and stated that the Commissioners were part of the problem by repeatedly violating the Charter. He commented that Commissioner Donaldson was a great Zoning Board chair and supervisor, was professional, objective, and competent. He mentioned that the Board did not previously have the problems as it does now and when a variance was issued, it was based on the Code. Regarding the contracts that were terminated today in the meeting, he asked why the Finance Director was not present at the meeting and why the Commission did not look to him for guidance and. advice. John Ross stated that the Commission meeting did not stay on topic, specifically sending Commissioner Donald's resolution back to committee to be discussed; it took the Commission 22 minutes to discuss the item but could have taken only three minutes. He mentioned that several people left the meeting because it was overly long. He commented on Article 2, Section 27 of the Town Charter, asking who has signing authority while there is no mayor or vice mayor. The Town Attorney clarified that that section applies in the event that both the mayor and vice mayor have died or have been disabled, so it is not applicable. David Axelrod commented that he would like to correct something about the Appeals Board and Planning Board. According to the Code, the building inspector inspects the property. If the building inspector finds that that property is not in code, it will never reach the Planning Board and goes directly to Adjustment and Appeals. He then remarked on Toscana having a number of members on Town Boards and that those members are volunteers. He suggested that if people have complaints, that they join one of the Boards and suggest changes. Town Commission Regular Minutes April 2, 2019 Page 16 of 19 15. TOWN COMMISSION REPORTS A. Commissioner Evalyn David had nothing to report. B. Commissioner Barry Donaldson mentioned that the governor of Kentucky visited the Commissioner's hometown of Brandenburg and announced an investment in the small town of $1.3 billion to build a steel and sheet metal form plant. It goes to show what can happen in a small town when you put your mind to it. He found the information very encouraging. He remarked he would like to clarify things that were mentioned in the meeting, and that they need to be addressed and put to rest. 1. A speaker earlier mentioned coincidences and different things coming on and what all this means. He commented that in a nutshell, it means nothing. 2. The Commission is proceeding in an orderly fashion with the Unity of Title matter; the Golden Park property south of Toscana is undergoing that same scrutiny and is under review by the Town Planner and by the Army Corps of Engineers. 3. Milani Park is proceeding and more information will be available. 4. He remarked on a comment made about Mark Hamister, healthcare, and commercial development on the island. He suggested that the accusations made are absurd and do not deserve mention or merit further. 5. He mentioned a comment made about the Commission on Ethics, that anyone can make a complaint to the Commission on Ethics, as was done to him. He remarked that there was was no mention in the response by the Commission on Ethics that involved money. 6. The Florida Election Commission complaint is making its way through the process, will be reviewed, and an opinion will be formed. He stated that is how the system works. C. Commissioner Peggy Gossett -Seidman corrected Mr. Rothberg that 71 and not 77 out of 100 variances were issued since 2000. She reminded people of two things: She did not vote to eliminate Valerie Oaks and in order to be fully transparent, she requested and received an opinion that the Commission could in fact move Ms. Elyse Riesa out of her spot into the mayor's spot and allow an election between the then two qualified candidates. This could have been the case today if the Commission was seven weeks out before a general election, so she wants to push for code and charter reviews and get the Town up to speed and modernized. She noted that Governor Ron DeSantis appointed University of Florida scientist Thomas Frazer to direct the Coastal Resiliency Boards, so she will be requesting the Town Manager to get on that. Lastly, she remarked that the Town needs to adhere to the Charter because charters are constitution; until the Charter is changed and updated, it must be adhered to. D. Mayor Rhoda Zelniker mentioned that she would like to address comments made by the public. 1. She remarked on Mr. Brodsky's comments regarding the sand issue. She explained that because this involves private property, the Town is not eligible for any funds whatsoever from the government, and that the previous vice mayor is aware of this because the Commission has had discussions. She explained that unless there is a public beach the Town is not entitled to any funds. If a person has private property and they do not want Town Commission Regular Minutes April 2, 2019 Page 17 of 19 tractors on their property or they do not want sand on their property, the Town cannot force them. 2. She mentioned that there are government grants to rebuild coral reefs and would like the Town Manager to look into those grants. 3. She commented that bike paths were under the purview of FDOT. 4. She mentioned that Highland Beach is everyone's community and everyone has to work together. 16. TOWN ATTORNEY REPORT Town Attorney Glen Torcivia reported on the following: 1. He stated he would like to . review the Sunshine Law annually and that after the vice mayor is selected, he would do a presentation on it. He remarked that if Commissioner David would like a discussion before that time, a short meeting could be scheduled. 2. He expressed his appreciation to all veterans that have served or are currently serving. 3. He brought up the mayor's question regarding if the Commission could come up with policies, if they could be resolutions or if they could be Charter changes. He said he would start working on it. 4. He mentioned that there may come a point that the Commission would want a Charter re - committee. He thinks they had one about eight years ago and commented that a lot of towns do it every 10 years, so that might be something that the Commissions wants to think about. 5. He said he believes that the resolution to establish procedures would be a topic to discuss during the May/June timeframe. 17. TOWN MANAGER REPORT Town Manager Labadie reported on the following_ 1. He addressed comments that were made regarding the Finance Department, alluding to the Finance Director's involvement in an IG report related to past employment. He stressed it is true but also that there was no criminal misconduct that came out of that. 2. He commented that the Town has strong procurement policies that have recently been updated, and that the Town employs ethical people who follow those policies and procedures. 3. He mentioned that every payment moved out of the Town requires his signature and there is nothing that goes by that is outside of his purview. 4. He reported he has found the Finance Director to be a competent and honest professional with a valuable set of skillsets that the Town needs. 5. He stated that the Town had to address the expiring and non -renewing consultant that was costing the Town $5,000 a week. 6. He said the Town had budget GL cleanup that had to be done at the end of the year close-out. It was not done and needed to be done posthaste. Town Commission Regular Minutes April 2, 2019 Page 18 of 19 7. He said we had limited institutional knowledge to draw upon as to how things were done by the previous Finance Director. 8. He reported several ordinances were launched. 9. He mentioned that the town auditors are on-site conducting field operations to get the CAFA report completed by the end of the month. 10. He reported that the Town received a surprise audit from the Department of Management Operations for the State of Florida for the FRS. 11. He started the framework on discussions on budget season. He was charged to develop a strategic budgeting process. 12. The Building Official is doing a great job of forming a means and method on how to move forward by following the Codes. 13. He had a meeting with FDOT last week and had a good conversation on how to move forward. They expressed a strong willingness to continue to partner with the Town moving forward on our issues. They discussed the crosswalks and their willingness to allow the Town to move forward with that. 14. He is starting the conversation on drainage issues with FDOT. They recognize that they have a responsibility to maintain drainage in the Town. They will let the Town know over the summer what that looks like, but that project has not been assigned. They said they will give him a better idea over the summer. 15. He mentioned the inquiries about the lobbying and possibly, why Commissioner Gossett - Seidman was there. He asked her to do that because it was in the Commission's budget to look at a lobbyist. 16. The Town Planner is recovering and thanks the Commission for the flowers. 17. He recognized Police Department employees Patricia Brooke, Lieutenant Jay Zeznit, Detective Dwayne Fernandez, Sergeant Jeffrey Kaplan, and Sergeant Kenneth Duarte for going above and beyond the call of duty. 18. Regarding Milani, he mentioned he will be meeting with Commissioner Ryan Roth at a regular meeting. They have two five-year extensions that can be activated under the contract through 2030. If the County decides not to do anything in 2030, it would have to sell the property and the right of first refusal goes back to the Milani family. 18. ADJOURNMENT There being no further business, Mayor Zelniker called for a motion to adjourn the Regular Meeting. MOTION: Commissioner Gossett -Seidman moved to adjourn the meeting at 4:15 PM. Commissioner David seconded the motion, which passed unanimously. Town Commission Regular Minutes April 2, 2019 APPROVED at the June 41, 2019 Regular Meeting. ATTEST: Lanelda Gaskins, MMC Town Clerk Page 19 of 19 Rhoda e iker, Mayor ommissioner Commissioner Transcribed by: TEI 4� 19 Date