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2019.04.30_TC_Minutes_WorkshopZEN` -r F�ORIOpM Ah 1k TOWN COMMISSION WORKSHOP MINUTES Town Hall / Commission Chambers Date: April 30, 2019 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida 1. CALL TO ORDER Mayor Rhoda Zelniker called the Workshop Meeting to order at 1:30 PM. 2. PRESENT UPON ROLL CALL Mayor Rhoda Zelniker Vice Mayor Greg Babij Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett -Seidman Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Commission led the Pledge of Allegiance, followed by a moment of silence. 4. APPROVAL OF THE AGENDA Commissioner Peggy Gossett -Seidman asked to provide a League of Cities meeting update, discuss Commission credit cards, discuss the status of the Treasure Coast Planning Council letter, and to discuss the A IA. Town Manager Marshall Labadie moved to remove items 1013 and 1 OC from the agenda. Mayor Rhoda Zelnicker asked to add Airbnb concerns to the agenda. She commented that there has been quite a number of articles published about Marriott and other hotel chains showing an interest in purchasing houses in beach areas. Town Clerk Lanelda Gaskins stated that, for the record, all the above items will be added under New Business. There was a consensus by the Commissioners to accept the workshop agenda with the changes. Town Commission Workshop Minutes Date: April 30, 2019 Page 2 of 12 5. CIVILITY PLEDGE Town Clerk Lanelda Gaskins read the Civility Pledge into the record. 6. PUBLIC COMMENTS AND REQUESTS Fred Rosen, director at Braemar Isle Condominium Association, commented that the Town has a new counsel, a great Town Manager, and a very capable Town Clerk. He mentioned that he was dismayed by the nature of the last few Commission meetings, and that it was time to run the Town the way it is supposed to be run and if there are any problems, to civilly discuss those issues. Carl Lee Gehman congratulated the new appointments to the Commission. He commented that Highland Beach is a beautiful community of people that know one another and thanked the Commission for doing a great job. Carol Stern asked about the status of The Highlander and why residents are no longer receiving it. John Ross commented on the condition of some of the streets, that they are being dug up, and that the Town did not alert residents of the situation. He agreed with the items to be removed from the agenda and mentioned that inter jurisdictional organizations should be staffed from the advisory boards and from organizations outside of the Commission. Michael Rothenberg commented that the Town was engaging in selective code enforcement and provided an example of a non-compliant dock that was never issued a fine. He went on to explain. that the purpose of the Commission is to make it enjoyable and easy to live in Highland Beach, and suggested the Commission use the code with logic and do what's right by the Town and its residents. Doug Hillman commented that Commissioner Peggy Gossett -Seidman suggested that more people from Boca Highland be involved in the advisory boards. He stated that there are currently three people serving on advisory boards and that since last week, four more have submitted their applications to serve on the boards. Rick Greenwold suggested that the Commission would benefit by engaging in Robert's Rules of Order, a guide for conducting meetings and making decisions as a group, which would add efficiency and a sense of order, professionalism, and dignity to the meetings and decision-making process. He noted that Highland Beach joined the Southeast Florida Regional Climate Change Compact in 2017, but that the Town does not have an active representative. He suggested that this should be under the purview of the Town Manager or Town Planner. Janet Friedman asked about the status of the contract for Christmas lights and then suggested getting rid of the contract altogether. Town Commission Workshop Minutes Date: April 30, 2019 7. PRESENTATIONS/ PROCLAMATIONS Page 3 of 12 A. Unlicensed Contractor Presentation by Palm Beach County Department of Planning, Zoning & Building, Contractors Certification Division Town Clerk Lanelda Gaskins read the title of item 7A into the record. A presentation was made by Senior Field Investigator Jeremy Dennis and Field Investigator Jamie Illicete, where they discussed the purpose of the division and its mission statement. Mr. Dennis stated that their purpose is to regulate contractors doing work in Palm Beach County through the Contractor Certification Program, to protect the citizens by ensuring contractors have the technical skills, business stability, and knowledge to perform the work they are hired for, and to prosecute unlawful contractor activities in order to minimize the monetary and emotional impact on citizens and the industry. Ms. Illicete discussed the requirements to become a licensed contractor with their office, including passing background/credit checks, passing competencies, business, and trades tests, and insurance/bonding requirements. She also discussed trades that require licenses in Palm Beach County, some warning signs of unlicensed contractors, what actions people seeking contractor services can proactively take, and some examples of unlicensed versus licensed contractor advertisements. Commission Discussion: Commissioner Barry Donaldson suggested that, other than the building officials, one of the first lines of defense is the various management offices of neighborhood associations and condominium buildings in town. He mentioned that his management association requires contractors to present all their credentials well in advance, and he encouraged others in the community to be proactive as well. Commissioner Peggy Gossett -Seidman asked if the Contractors Certification Division was up to date and aware of the correct permitting fees/violation fees per the state codes. Mayor Rhoda Zelniker suggested putting on the Town's website a list of self-help items and "how-to's" before hiring a contractor. B. Online Permitting Presentation by Jeffrey Massie, Building Official Town Clerk Lanelda Gaskins read the title of item 7B into the record. Mr. Massie presented the online public portal available on Smartgov and discussed the following: 1. The website is now live but still evolving 2. How to create an account on the website 3. Inquiring about potential code violations 4. Retrieving information based on an address 5. Accessing all applications and forms that a contractor would be using Town Commission Workshop Minutes Date: April 30, 2019 PaLye 4 of 12 6. How to schedule an inspection 7. Searching for contractor complaint history 8. Reporting code violations in anonymity 9. How to conduct a parcel search Commission Discussion: Commissioner Donaldson commented that the website looked very intriguing and will lead the Town in the direction it needs to go. He reiterated that the website is part of the SmartGov software program. He asked if the website was mobile capable and Mr. Massie confirmed that with connectivity, the site is accessible and that he has been able to search and provide inspection results in the field using his mobile phone. Commissioner Peggy Gossett -Seidman asked if there was a policy in place to allow after-hours code enforcement by the town's police. Vice Mayor Greg Babij asked if a link to the Smartgov site could be placed on Town of Highland Beach website, to which Mr. Massie confirmed that a link could be placed there. C. Proclamations Town Clerk Lanelda Gaskins read the proclamations into the record. Mayor Rhoda Zelniker proclaimed on behalf of the Commission: 1. Building Safety Month — May 2019 2. Drinking Water Week — May 5 - 11, 2019 3. Municipal Clerks Week — May 5 - 11, 2019 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Town Clerk Lanelda Gaskins read items 8A to 8C into the record. A. Board Action Reports There were no Board Action Reports. B. Board Vacancies / Interviews 1. Board of Adjustment and Appeals – One (1) Vacancy for a Three -Year Term and One (1) Reappointment for a Three -Year Term Board Applicants: Barbara Penn (Reappointment), 1127 Boca Cove Lane Jack Halpern, 4511 South Ocean Boulevard Town Commission Workshop Minutes Date: April 30, 2019 Page 5 of 12 Town Clerk Lanelda Gaskins stated that the Clerk's Office received additional applications last week; however, it was too late to add them to the agenda. These new applications will be included on the May 28th agenda. Ms. Barbara Penn was present and interviewed by the Commission. Commissioner Evalyn David suggested moving Ms. Penn's appointment forward to the consent agenda. Commission agreed to move the appointment forward. Mr. Jack Halpern was present and interviewed by the Commission. There was discussion concerning Mr. Halpern's seat on another board. Mayor Zelniker suggested the vote on Mr. Halpern's application be moved to the next meeting. Mr. Halpern asked either the Commission approves him and he moves forward or he will withdraw his application. The mayor reminded Mr. Halpern that there cannot be a vote at this meeting because it is a workshop meeting. Town Manager Marshall Labadie clarified that both appointments are going to the next meeting: one will be on consent and the other would be a new business item. 2. Code Enforcement Board — One (1) Vacancy for a Three -Year Term and One (1) Vacancy for an Unexpired Term ending July 2021 3. Financial Advisory Board — One (1) Vacancy for an Unexpired Term ending March 2022 4. Natural Resources Preservation Advisory Board — Two (2) Vacancies: One (1) Three -Year Term and One (1) Unexpired Term Ending July 2021 5. Planning Board — One (1) Vacancy for a Three -Year Term and Two (2) Reappointments for Three -Year Terms Board Applicants: John Boden (Reappointment), 3407 South Ocean Boulevard, #5.B Mr. John Boden was present and interviewed by the Commission. Commission agreed to move the appointment forward to the consent agenda. C. Upcoming Meetings and Events 1. Town Commission Regular Meeting -May 7, 2019 - 1:30 PM 2. Planning Board Regular Meeting — May 8, 2019 — 9:30 AM 3. Code Enforcement Board Regular Meeting — May 14, 2019 — 2:00 PM 4. Board of Adjustment and Appeals Regular Meeting — May 20, 2019 -9:30 AM 5. Town Commission Workshop Meeting — May 28, 2019 — 1:30 PM Town Commission Workshop Minutes Date: April 30, 2019 Page 6 of 12 9. PROPOSED ORDINANCES AND RESOLUTIONS: Town Clerk Lanelda Gaskins read item 9A into the record. A. Proposed Resolution / Budget Amendment for FY 2018/2019 A Resolution of the Town Commission of the Town of Highland Beach, Florida, Amending Resolution No. 18-011 R, as Amended, which Appropriated Funds for the 2018-2019 Fiscal Year Budget, and Providing an Effective Date. Town Manager Marshall Labadie introduced this item. He commented that it is more of a balancing budget amendment to account for IT services and for the use of Government Services Group and Finance. The amount is budgeted for both IT services through the year, and for the financial consultant from the Government Services Group. Commissioner Evalyn David commented that there is no actual transfer of funds other than on paper. The Town Manager concurred. Commissioner Peggy Gossett -Seidman reiterated that building permits and fees associated with them may not be put in a general fund of a town per state statutes, and that that is in order to keep fees at a reasonable cost. She commented that a former subcontractor did not set up the fees correctly, and she was happy to see Town Manager Marshall Labadie correcting that because that is a state statute in which the Town has been in violation of for eight years. To,,Nm Manager Marshall Labadie stated that there was $1500 per Commissioner in discretionary accounts. He believes that there was only approximately $137 that was utilized in any of the accounts and the monies were moved out of those discretionary accounts. Each commissioner has $500 left in that account. Vice Mayor Greg Babij asked if the plan was to keep those accounts as line items and the Town Manager replied that as they move through the budget, the Commission could discuss that, but at the current time it is a recognized account on the books. Mayor Rhoda Zelniker replied that there was confusion at the last budget hearing and that mistakes were made from the previous people involved, but that those mistakes were being corrected. Town Commission Workshop Minutes Date: April 30, 2019 Page 7 of 12 10. NEW BUSINESS A. Approval of Meeting Minutes March 21, 2019 – Special Minutes Town Attorney Glen Torcivia asked the Town Clerk to verify the spelling of individual number 2's last name. It was the consensus of the Commission to place all the minutes on the Regular Meeting Consent Agenda pending the correction to be made. B. Discussion of the Town Boards Composition, Applications, Forms and Related Items Commissioner Donaldson (THIS ITEM WAS REMOVED FROM T11E .A.G"ENDA) C. Approval to Designate Commissioner Donaldson to the Southeast Florida Regional Climate Change Compact as the Town of Highland Beach's Representative member Commissioner Donaldson (THIS t' EM WAS REVIOV'E'D FROMTHE ��!' G4,ND.A) B. Florida Leagues of Cities Conference Report by Commissioner Peggy Gossett -Seidman Town Clerk Lanelda Gaskins read the title of item. l OB into the record. Commissioner Peggy Gossett -Seidman reported on the Florida League of Cities Conference she recently attended. 1. Cape Canaveral Commissioners discussed that the Space Coast is flourishing and due to corporations such as SpaceX and other rocket and space companies moving to the area, there is a housing shortage. 2. The Panhandle that was hit by the hurricane last year reported they have not received any monies from the state or the federal governments. All assistance they received—including food, water, and housing—was from other cities through the League of Cities and from their colleagues throughout the state. 3. 95% of the Commissioners -40 total—said they had problems with Airbnb. 4. A record was set in the state for the longest town commission meeting. The meeting began at 1:30 PM and lasted until 5:30 the next morning. The agenda item concerned a piece of land in Winter Haven that was undergoing rezoning for a community for housing, shops, government, and so forth. 5. No town in the State—other than Highland Beach—gives residents five minutes twice to speak. 6. Attorneys in the state sued 99 towns for not being ADA compliant with translations and other materials. 7. The orange crops in central Florida are not doing well. They are being pulled out and replaced by peaches, blueberries, and other less nourishing crops because of the blight and disease. Town Commission Workshop Minutes Date: April 30, 2019 Page 8 of 12 C. Commissioner Credit Cards ('111IS [TE.M WAS ADDED ' A.) "U HE', AGENDA) Town Clerk Lanelda Gaskins read the title of item l OC into the record. Commissioner Peggy Gossett -Seidman commented that she would like for the Town to do away with Commissioner credit cards. Town Manager Marshall Labadie confirmed that no credit cards for Commissioners were issued. Commissioner Evalyn David agreed to do away with the credit cards. Commissioner Gossett -Sideman would like for the Town Manager to assign a proper expense form to be used in lieu of Commissioner credit cards and the Town Manager agreed to provide the form. D. Discussion on Activities Along AIA (11.11S H'E,14 ), S ,z.1)1')ED `I:`O "l`1_IE' AGEN-DA6 Town Clerk Lanelda Gaskins read the title of item l OD into the record. Commissioner Peggy Gossett -Seidman mentioned that the Town needs better communication to residents and that the police did a great job. E. Discussion on Airbnb ("ruts [nm AvAS <oDD1 o TO ,1-'1.11x: A(-A1ENI);k.) Town Clerk Lanelda Gaskins read the titleof item l0E into the record. Mayor Rhoda Zelniker discussed articles in publications such as the New York Times and the Wall Street Journal concerning hotel chains such as Marriott purchasing property in Florida to convert them into Airbnb properties. She wanted to make the Commission and residents aware of this issue. She requested input on how this might affect Highland Beach since every house for sale in the Town could possibly be purchased by a business such as the Marriott hotel chain and eventually be turned into an Airbnb property. Town Attorney Glen Torcivia agreed to look into the issue between now and next week. He mentioned that the state legislature has taken a lot of the authority away from local communities to regulate vacation rentals, and that Airbnb seems to have a good lobby in Tallahassee that was able to convince the legislature to let the legislature set standards and not local governments. Commissioner Evalyn David asked if there is a difference between a resident occasionally renting a property and a hotel chain renting a property as often as it can. Commissioner Barry Donaldson noted that as of April 29, 2019, a bill that had been put on the calendar for house builders was still in committee and warned that groups such as Marriott and Airbnb will push for this legislation. Town Commission Workshop Minutes Date: April 30, 2019 Page 9 of 12 Commissioner Peery Gossett -Seidman mentioned that the Commission had been discussing the issue since August of 2018 and that two months ago, they agreed to bring the issue back. She asked the Town Attorney for a status update on the issue. Town Attorney Glen Torcivia responded that revisions were made at the last Planning Commission meeting. It will return on May 8, 2019, when they will again review the revisions. F. Treasure Coast Planning Council Update Commissioner Peggy Gossett -Seidman inquired if the Treasure Coast Planning Council responded to the Commission's demand letter of return of monies and recommended another letter with stronger language be sent. Town Manager Marshall Labadie responded that as of last Friday there had been no response and that he was trying to strategize on reaching out to them. Commissioner Evalyn David concurred that another letter with stronger language should be sent. Commissioner Barry Donaldson commented that he favors a quick and speedy resolution of this issue. Vice Mayor Greg Babij discussed the approach of expected value. He mentioned that, after a quick calculation, he expected to recover approximately $6429. With the cost of recovery at $5000, the net is $1429. He commented that it would not be worth their time and suggested moving on. Town Attorney Glen Torcivia mentioned that the demand letter was sent to the chair of Treasure Coast's board as well as to their executive director and attorney, and that the most cost-effective strategy would be for the five Commissioners to attend Treasure Coast's next board meeting and speak directly to them. 11. MISCELLANEOUS ITEM LEFT OVER None. 12. CIVILITY PLEDGE: Town Clerk Lanelda Gaskins again read the Civility Pledge into the record. Town Commission Workshop Minutes Date: April 30, 2019 Page 10 of 12 13. PUBLIC COMMENTS ON AGENDA ITEMS ONLY David Axelrod of the Planning Board thanked Jeff Massie for his report and welcomed Greg Babij to the Commission. Jack Halpern withdrew his application for the Board of Adjustment and Appeals. 14. TOWN COMMISSION REPORTS A. Commissioner Evalyn David had no report. B. Commissioner Barry Donaldson highlighted the following points from the presentation packet he distributed to the Commissioners. 1. On April 11, 2019, he attended the American Institute of Architects Committee on the Environment Workshop in West Palm Beach. 2. On April 17, 2019, he attended the District 4 Florida League of Cities luncheon. 3. On April 24, 2019, he attended the general membership meeting of the Florida League of Cities hosted by Palm Beach Gardens. 4. He discussed the League of Cities website at www.welivelocalfl.com, where you can register to receive legislative alerts on issues that affect local towns. C. Commissioner Peggy Gossett -Seidman mentioned that she is now the second senior member of the Commission and she has been a member for only 13 months. She hoped that the five Commissioners can have civil discussions and get along and work together reasonably. She asked the Town Manager to list the order of priorities and procedures so that the Commission does not have another event such as that of Mr. Halpern getting upset about his application. She mentioned that Fred Rosen, via e-mail, withdrew his application as well, and asked that Mr. Labadie work on a solution to the situation. Commissioner Gossett -Seidman also mentioned that an agenda item from January 29, which she and the Mayor requested that the Town Manager bring forward, got sidetracked due to other pending issues in the Town. She made a list of items she would like to be presented at next week's meeting: • Setbacks • Communication to residents • Construction handbook updates • Parking updates • Christmas decor • Dock seawalls and lifts • Sewers and infrastructure • Single family homes • Resigning to run vacancies in elections • Beaches • Demo permits • Vacation rentals Town Commission Workshop Minutes Date: April 30, 2019 Paiie 11 of 12 • Access points D. Vice Mayor Greg Babii thanked the Commission for choosing him. He agreed that the concerns raised during the public comment session must be addressed by the Commission. Regarding the Financial Advisory Board, Mr. Babij mentioned that it is the board chair who interviews applicants for the board. Since he is the former chair of the FAB, he endorsed the applicant, Mr. Doug Hillman. E. Mayor Rhoda Zelniker mentioned an article in the Sun -Sentinel regarding plans to bury power lines, and the Florida state senate's passage of SB 796, which could lead to more underground power lines in Florida with increased cost to consumers. She also mentioned that only two state senators dissented, with little debate. She discussed how items voted for in the state legislature affect Highland Beach and asked the Town Manager if legislative information could be added to the Town website so that residents could be aware of them. Town Manager Labadie replied that this can be done. The mayor went on to mention that the community is very concerned about Airbnbs and how they would affect the community. Mayor Zelniker commented on how helpful the Town library staff is and reported that there will be a special Holocaust Memory presentation, featuring Alan Berger, Professor of Judaic Studies at Florida Atlantic University, on May 2, 2019. She concluded by thanking residents and the Commissioners for attending the workshop meeting. 15. TOWN ATTORNEY REPORT Town Attorney Glen Torcivia had no report, other than what he previously discussed. 16. TOWN MANAGER REPORT Town Manager Marshall Labadie reported on the following: 1. He thanked Mr. Massie for a great presentation on the SmartGov web portal and mentioned that the IT department is working within the budget to find a simple solution for a mobile - friendly website. 2. Additional business systems and operations — He mentioned that he is working to build systems in which they can lead staff to succeed and deliver the results the Commissioners want, at the price they're willing to pay, when they want it. 3. The Highlander — People are inquiring where it is, where has it been, and why they have not seen it. He reported it is forthcoming in a magazine format instead of newsletter, and he will be getting the draft back from the printer later this week. 4. Golden City — There is a stop work order on that property. He mentioned that Golden City officials are not complying with their order and there is a judgment against them. He stated that Mr. Torcivia sent a letter today reiterating they have to comply with city ordinance instructions. 5. His office is receiving various comments about real estate signs being too close to the road. Code Enforcement has sent notices to residents who have yet to comply with the order to move the signs. Town Commission Workshop Minutes Date: April 30, 2019 Page 12 of 12 6. Since there has been a change in the GASB rules for the OPEP calculations, he is looking for another vendor to go beyond how to now calculate them. He is waiting on FRS to give him their calculation sheets. 7. Highland Beach is in sound financial health. 8. The new Town budget will be presented to the Commission next week. 9. Healthcare for Town employees — He received an e-mail from the Finance Department stating that they received some initial quotes today from vendors, and they have 45 days to make a decision. 10. The Crosswalks Enhancement Project is unfolding and KCI is currently working with FDOT on putting together the base level of plans and aerials. 11. The holiday lights item was a motion of the Commission but he has not yet reached out to begin that. It has not risen to the priority level but it will not be a problem to move it forward. 17. ADJOURNMENT There being no further business, Mayor Zelniker called for a motion to adjourn the Workshop Meeting. MOTION: Commissioner David moved to adjourn the meeting at 4:30 PM. The motion seconded by Commissioner Donaldson. APPROVED at the June 4, 2019 Regular Meetir� ATTEST: qyanel0aGaskins MMC Town Clerk j Commissioner Transcribed by:TEI Date