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2019.06.25_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH TOWN COMMISSION WORKSHOP MINUTES Town Hall / Commission Chambers Date: June 25, 2019 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida 1. CALL TO ORDER Mayor Zelniker called the Regular Meeting to order at 1:30 p.m. in the Commission Chambers and asked those present to kindly silence all cell phones. Mayor Zelniker explained Workshop Meetings were discussion meetings only; no motions were made during a Workshop Meeting. 2. PRESENT UPON ROLL CALL Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Town Commission led the Pledge of Allegiance followed by a moment of silence to honor U.S. Military men and women serving overseas. 4. APPROVAL OF THE AGENDA Mayor Zelniker added "Discussion on Highland Beach Parking Ordinance" as Item 11 B 1 under Unfinished Business. She asked if there were any other additions or deletions to the Agenda; there were none. Town Manager Labadie indicated the Highland Beach Parking Ordinance would be discussed at a future Town Commission Meeting and was scheduled to be discussed at the July 23, 2019 Code Enforcement Board Meeting. Mayor Zelniker asked to discuss the matter during the Workshop Meeting as the residents of Highland Beach were concerned. Mayor Zelniker asked if all were in favor of accepting the Agenda as .amended; all were in favor of accepting the Agenda as amended. Town Commission Workshop Minutes Date: June 25, 2019 5. CIVILITY PLEDGE Town Clerk Gaskins read the Civility Pledge: We will be respectful of one another even when we disagree We will direct all comments to the issue We will avoid personal attacks "Politeness costs so little." By: Abraham Lincoln 6. PRESENTATIONS / PROCLAMATIONS There were no Presentations or Proclamations. 7. PUBLIC COMMENTS AND REQUESTS FOR NON AGENDA ITEMS Page 2 of 21 Mayor Zelniker stated Public Comments were now open. She noted each speaker was limited to five (5) minutes to speak on non -Agenda Items only and all comments were to be directed to the Commission as a body through the presiding officer. She asked those who wished to speak to wait to be recognized, approach the podium, speak into the microphone, and state first name, last name and address for the record. Mr. Douglas Hillman stated he lived in Dalton Place. He stated the Ordinance for transient public lodging in section 34-4, under definitions, noted "for the period of more than three times in a calendar year for periods of less than 30 days." He stated the original intent was to regulate AirBNB type rentals, but possibly the Commission should consider regulating rentals in general. He stated in his building there were individuals who rented for a minimum of 90 days and these types of rentals could use regulation as well. He stated Highland Beach should expand its horizons and begin regulation of rentals in general, not just AirBNB type rentals. He noted if the Town charged a substantial fee for the application, such as $500 dollars, the Town would have a significant revenue stream (possibly $175,00 dollars annually) and could rest assured all rental properties in Highland Beach had proper equipment, proper parking, and adhered to safety codes. Mayor Zelniker thanked Mr. Hillman for his comments and noted this subject would be discussed late during the Workshop Meeting and public comments would be permitted. Mr. Tim Burnich stated his address was 4505 S. Ocean Blvd. He stated he was hopeful the Code Enforcement Board would be given sufficient time to review the Parking Ordinance prior to the Ordinance being passed. Mr. John Boden stated his address was 3400 S. Ocean Blvd. He asked for a reminder at the end of meetings to turn cell phones back on. Mayor Zelniker announced there was a heat advisory for Palm Beach County. Town Commission Workshop Minutes Page 3 of 21 Date: June 25, 2019 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Town Clerk Gaskins read Items 8A and 813 into the record at the appropriate junctures. A. Board Vacancies/Interviews 1. Natural Resources Preservation Advisory Board — Two (2) Vacancies: One (1) Unexpired Term Ending April 30, 2021 and One (1) Three -Year Term Board Applicant: Steven Parks - 4408 South Ocean Boulevard, Apt. C. Mr. Steven Parks asked if the Town Commission had any questions. Commissioner David asked Mr. Parks why he wished to be a member of the Natural Resources Preservation Advisory Board (NRPAB). Mr. Parks responded he wished to be involved with the mechanics of Highland Beach. He noted he was an attorney and had practiced in the State of Florida for 30 years with an immersion in environmental matters, specifically beach erosion. He stated he wished to use his ability and understanding to serve the Town of Highland Beach. Commissioner David asked if Mr. Parks could identify specific issues for which he might have a solution. Mr. Parks responded he wished to encourage the Board and Commission to continually consider the importance of preservation of the natural resources of Highland Beach. Commissioner Donaldson stated he appreciated Mr. Parks' application and believed Mr. Parks had a skill set which would serve the NRPAB well. Commissioner Gossett -Seidman stated she knew Mr. Parks very well and approved of his application. She noted Mr. Parks had excellent contacts in the South Florida area and the State. She asked to hear Mr. Parks' top three ideas. Mr. Parks stated he understood a top concern of residents was clean beaches. He stated he wished to discuss the possibility of using seaweed to buffer the beach. He stated he wished to discuss the use of a scientifically developed system to fight beach erosion. He stated he viewed the beauty of Highland Beach as a natural resource and he wished to discuss garbage collection methods designed to maintain Highland Beach beauty. Vice Mavor Babii stated he felt Mr. Parks would be an excellent addition to the NRPAB. Mayor Zelniker stated she felt there was a need for hazardous waste collection in the Town of Highland Beach. She noted the Police Department had a program for medicine disposal. She stated Mr. Parks was a good man who cared about the Town of Highland Beach. The Commission agreed to place Mr. Parks' acceptance to the Natural Resource Preservation Advisory Board on the Consent Agenda for the next Town Commission Regular Meeting. 2. Code Enforcement Board — One (1) Vacancy for an Unexpired Term ending July 2021 Town Commission Workshop Minutes Date: June 25, 2019 B. Upcoming Meetings and Events Page 4 of 21 1. Town Commission Regular Meeting — July 2, 2019 — 1:30 PM 2. Town Hall Closed — July 4, 2019 in Observance of Independence Day 3. Planning Board Regular Meeting — July 10, 2019 — 9:30 AM 4. Financial Advisory Board Meeting — July 11, 2019 — 2:00 PM 5. Code Enforcement Board Meeting — July 23, 2019 — 2:00 PM 9. PROPOSED ORDINANCES AND RESOLUTIONS There were no Proposed Ordinances and Resolutions. 10. CONSENT AGENDA There was no Consent Agenda. 11. UNFINISHED BUSINESS Town Clerk Gaskins read Items 11 A, 11 B and 11 C into the record at the appropriate junctures. A. Consideration of the Repeal of Ordinance 18-008 O. Town Manager Labadie reported Ordinance 18-008 O was passed on a second and final reading on October 2, 2018 and there had been conversation regarding returning some of the voting authority to the Board of Appeals and Adjustments, as well as the Commission serving as an appellate body. Commissioner David stated she believed the Board of Adjustment and Appeals should have the voting authority regarding variance hearings. She stated she believed the Town Commission should act in most cases as an appeals board. She noted the more complicated variance cases should go directly to the Town Commission rather than first to the Board of Adjustment and Appeals; however, simple variance cases should only go to the Board of Adjustment and Appeals. Commissioner Donaldson stated he felt the Board of Adjustment and Appeals should have initial voting power and the Town Commission should serve in an appellate roll. He stated Highland Beach had simple zoning and the process should be simple as well. Commissioner Gossett -Seidman asked Town Clerk Gaskins to distribute research packets to the Town Commission. She stated she was open to proceed as needed to make the best decision for good governance in the Town of Highland Beach. She stated it was important to have good governance, establish codes, revisit the existing Charter and codes, and to bring excellent candidates in as Staff. She discussed her packet which researched how variances were considered in other municipalities. She stated she reviewed the Minutes from previous Board of Adjustment and Appeals meetings and noted the BOAA did extensive research, including site visits, prior to making decisions. She noted going back to 2013 only 58 variances were granted and 9 were denied; 40 of the granted variances Town Commission Workshop Minutes Date: June 25, 2019 Page 5 of 21 were for single family homes and 7 of the denied variances were for single family homes. She noted there were only three empty lots left in the Town and construction primarily revolved around single family home rebuilds and renovations. She explained the definition of a hardship and noted hardship should be considered prior to variance approval. She stated the opinions of neighbors should be considered prior to variance approval. She stated the Town Charter indicated the Commission was responsible for Ordinances and a variance was considered a variance of an Ordinance, and as such the Town Commission was responsible for variance consideration. She stated it was important to have a wide variety of individuals on the Boards, such as a single family home owner, a townhome owner and a condo owner on the BOAA to ensure the interests of all parties were being represented. She stated she believed the Town Commission should put into place an appeals process which did not force home owners to go to court in order to obtain a simple variance, such as to install a gazebo or a grill. She read through the definition of hardships in regards to variances. She noted her research revealed there were some inconsistencies in variance approval where identical variances were filed, one was approved and one was denied. She explained this was not acceptable and the Town needed good governance through solidarity of decisions. She noted the setback intrusions were contributing to the flooding problems. Vice Mayor Babij noted there were good arguments on both sides. He stated while Commissioner Gossett-Seidman's research indicated other municipalities were utilizing a mixed decision system, the research did not indicate how the mixed decision system worked or what guidelines were followed to determine which board made which decisions. He stated he was not concerned about the number of granted variances and he felt reversing this Ordinance seemed reactive. He stated he personally did not wish the Town Commission to be involved with every variance as he felt Commissioners were generalists while the Board of Adjustment and Appeals consisted of individuals with more specific expertise in the field. He stated if a mixed decision method of variance approval was considered a detailed method would need to be developed to determine which board considered which variances. He proposed an interim step: a motion at the next Meeting to return the low impact items to the BOAA. He stated he felt low impact items included variances on any and all ground level setbacks (driveways, pools, spas, air conditioners, generators, seawalls, docks, etc.) for single family homes or existing multifamily developments. He stated he felt the BOAA should have the voting power regarding height variances for new single family homes. He stated he did not feel the BOAA should consider high impact variances such as brand new multifamily developments, multifamily density, etc. He stated he believed a comprehensive appeals process should be developed. Mayor Zelniker read an email she received: "I would like to remind you that the Commission took power away from this Board for good reasons that have not changed. The system is fine just the way it is. It is not broken, so no need to fix it. The Board can have their say (if they show up) and then our Commission will rule on the final variances." She stated she had attended many Advisory Board meetings over the past five years and witnessed a variance granted to move a pool into a setback area due to a "hardship" in which the applicant claimed the pool blocked the view of the Intercoastal Waterway. She reported she had witnessed other such variance approvals. She stated she felt the BOAA should give opinions, but it did not hurt for the Town Commission to have final say. She Town Commission Workshop Minutes Date: June 25, 2019 Page 6 of 21 noted it was especially important for the Town Commission to have final decision regarding multifamily developments. Commissioner Gossett -Seidman displayed and discussed pictures of approved variances which should not have been approved, as well as pictures of clear code violations throughout the Town. Mayor Zelniker opened Public Comments for this Item. Mr. Fred Rosen stated his address was 4740 Ocean Blvd. He stated the variance process could be simplified by monetary guidelines. He explained the FOAA could have final say on any Item which was less than $100,000 dollars while the Town Commission would have final say on any Item over $100,000 or which involved more than one property/residence. He stated it was a waste of time for the Town Commission to make every single decision; the Commission appointed individuals to serve on the board and the Commission should allow those individuals to serve. Mr. David Axelrod, Chairman of the Planning Board, stated his address was 3740 S. Ocean Blvd. He noted there were Items on the Agenda today regarding setbacks. He indicated many of the low impact variance questions would be answered during this portion of the Meeting. He stated, in regard to the photographs which Commissioner Gossett -Seidman displayed, the Planning Board reviewed boat docks about which the biggest complaint was the dock was "blocking my view" to which the Planning Board responded "blocking my view" was not a hardship. He stated he felt anytime an applicant was denied by the BOAA, said applicant would come before Town Commission. He noted the members of the BOAA were intelligent individuals who were capable of making good decisions. He stated he believed the Town Commission should allow the BOAA to function as an authoritative body; otherwise the Town Commission would be overwhelmed. Mr. Tim Burnich, Chairman of the Code Enforcement Board (CEB), stated his address was 4505 S. Ocean Blvd. He stated many individuals did not understand the function of the CEB. He explained the CEB was a quasi-judicial board which was not permitted to discuss items with residents or fellow members outside of CEB meetings. Mr. Douglas Hillman stated a very close friend of his lived in Naples during season and informed him Naples had 140 variance applications and of those 140 were approved, which showed many cities had the same problems as Highland Beach. He indicated the Town Commission was a policy making board and was no different than a board of directors for a corporation and should not be involved in day-to-day business. He stated it was important to develop a system to determine which items were to go before the various boards and which items would go before the Town Commission. He stated if the boards could not be trusted to make decisions then the members of the boards needed to be changed. Mr. John Boden stated if the Town Commission did not have faith in the Board of Adjustment and Appeals, which was appointed by the Commission, then the Commission Town Commission Workshop Minutes Date: June 25, 2019 should change the Board. Page 7 of 21 Town Attorney Torcivia discussed variances, variance law, and the definition of hardship, the appeals process, and appellate bodies versus quasi-judicial bodies. He noted he would not recommend changing the appeals process to enable residents to bring appeals to the Board or Town Commission; appeals should continue to go to court. He noted if the appeals process was changed it would become problematic on many levels. He stated the Town Commission needed to determine what level of authority it wished to grant the BORA. He stated the Commission could grant a certain level of authority on a trial basis and make adjustments as necessary. He explained this was a matter of policy, not legality. He noted the more authority the Town Commission retained the more time the Commission would be spending at meetings reviewing cases. Commissioner Gossett -Seidman asked about Article 5 of the Charter which stated ordinances were in the jurisdiction of the Commission only. Town Attorney Torcivia stated the Commission was the only authority which could adopt ordinances; however, the Commission had the right to designate authority to other boards. Discussion ensued regarding quorum requirements. Town Attorney Torcivia stated the Commission could require a minimum of four votes to pass a variance or require a majority vote. He stated the Town Commission had the right to create and change the rules; however, he recommended keeping the system simple. Town Planner Mary McKinney reported there had been only one variance request since August 2018. She noted she had been involved with planning boards and boards of adjustment and appeals for many years. She noted once a special magistrate was employed almost no variances were filed. She stated Highland Beach variance code was no different than any city or county in the U.S.; it contained very strict criteria. She recommended a special magistrate or utilization of the BOAA to hear variance requests, and sending appeals to court for review. She stated a "low impact/high impact" rule regarding which items the BOAA would review was too subjective and would cause problems. She recommended the Town keep the current code in place, without Ordinance 18-008 O; decisions should be made by the BOAA and appeals should go before the court. Commissioner Gossett -Seidman reported having appeals come before the Town Commission would lengthen the applicant's process. She discussed the complicated appeals process including mailings and notice requirements. She asked if the BORA would be covered by Town legal policies if a judgment was challenged in court. She asked if the members of the BOAA had Town email addresses. She asked if the BOAA was trained as the Commission was trained. Town Attorney Torcivia responded the BOAA was covered by the Town's insurance and legal policies. He stated the courts were well equipped to handle appeals. He noted Highland Beach Ordinance and Code was congruent with other municipalities. Commissioner David asked about the email Mayor Zelniker read claiming there was a reason the vote was taken away from the Board of Adjustment and Appeals. Mayor Zelniker indicated it had more to do with code and developers needing to work within Town Commission Workshop Minutes Date: June 25, 2019 Page 8 of 21 code. Commissioner David noted if it was a problem with the code, then the vote should not be taken away from the BOAR, the code should be fixed. Commissioner Gossett - Seidman explained three individuals approached her (two Town board members not on the BOAA and a resident who used to be a Commissioner) who indicated code was not being in enforced and had not been enforced since 2008, and as a result single family homes were suffering. She reported she investigated and discovered this was indeed the case and there had been discrepancies in variances, such as one individual being granted a variance for generator installation in a setback, while a neighbor was denied the same variance. She stated last year the Town Commission reviewed 11 properties which had an abundance of code violations, approved variances, complaining neighbors, and lawyers were becoming involved. She explained these issues led to Ordinance 18-008 O. She stated she believed now that the Town had a Building Department in place and Town Manager Labadie in its employ these code violations and variance approvals would be reduced. She stated she had nothing negative to say regarding the individuals who served on the BOAA; the process and system was flawed. Commissioner David stated she felt Town Commission should set policy and allow Staff and the Boards handle the day-to-day running of the Town. She noted 90% of decision making should be made at the Staff and Board level; Town Commission should set policy and make decisions regarding the far-reaching developments, such as the Golden City property. Commissioner Donaldson stated after listening to the discussion he strongly believed the Town Commission should not be responsible for appeals. He agreed with Commissioner Gossett -Seidman: strengthening and revisiting the boards was important. He noted Town Commission had reviewed the application process and now how the boards ran and functioned should be reviewed. He recommended a continuing education program for the boards. He agreed the boards needed a mix of applicants and he agreed with Vice Mayor Babi.'s idea of a high/low impact system. He stated the Town Commission should focus on the "big ideas." He stated his ultimate preference was to give the BOAA complete authority; however, he was willing to find a middle ground. Commissioner Gossett -Seidman stated, taking into consideration Ms. McKinney's thoughts, she was willing to return the authority to the BOAA with the condition of providing Town emails to the Board Members. She requested a review of codes and noted if the new setback ordinance was approved approximately 80% of the setback variances would no longer be an issue. She stated it was important for the Town to stick closely to the codes regarding variances and requested Town Attorney Torcivia clearly define a hardship to better enable the boards to follow regulations and guidelines. Town Manager Labadie stated he wished to bring this Item before Commission at the next regular meeting for direction and a motion. He indicated research regarding defining high/low variance levels was required. Mayor Zelniker stated the Town now had a Planner and a Building Department and had far more control; she stated as a result there should not be too many variance requests. Commissioner Gossett -Seidman asked Town Manager Labadie to prepare a presentation regarding the improvements the Town had made with the Building Department. Town Commission Workshop Minutes Date: June 25, 2019 Page 9 of 21 Discussion ensued regarding defining low and high impact, and appeals being brought to the attention of the Town Commission for decision making purposes when filed with the court system. B. Discussion on Efficiency of Commission Procedures and Decisions, and Unfinished Business and Projects from 2018-2019. 1. Discussion on Highland Beach Parking Ordinance (THIS ITEM WAS ADDED TO THE AGENDA) Commissioner Gossett -Seidman distributed a list of unfinished business and projects from 2018-2019 which she had accumulated upon review of past Agendas. She stated she hoped to discover a method to improve the process of ordinance development. She noted some subjects had been under discussion for over a year and she felt this was not acceptable. Commissioner David noted this was a long list and agreed it was not acceptable; action needed to be taken. Commissioner Donaldson agreed it was long list; however, he felt the Town Manager was doing an excellent job of bringing these items before Commission in an orderly fashion. He noted special meetings could be held to quicken the process and the Town Commission could encourage the other boards to do the same. He thanked Commissioner Gossett -Seidman for the list and noted the Town Commission would be cognizant of the need to move forward regarding the list. Vice Mayor Babii thanked Commissioner Gossett -Seidman for the list and asked Town Manager Labadie to prioritize the list. Mayor Zelniker read through an email she received regarding the number of items being discussed at meetings without conclusion and the need for prioritization; she agreed. Town Manager Labadie noted approximately 85% of the list was either concluded or in process with deadlines set. He stated there were items on the list he had been unaware of and he appreciated Ms. Gossett-Seidman's efforts. Mayor Zelniker discussed the parking ordinance issue (#5 on the list). She explained it had been discussed six times by Town Commission and sent to the Code Enforcement Board for review. She noted the CEB tabled the item with a request for more information; however, she believed if a board felt it needed more information upon review of the agenda, said board should request more information prior to the meeting to enable a fruitful discussion. She explained the CEB met in May, but would not meet again until July, which caused an unnecessary delay and residents were becoming frustrated. She noted residents were complaining about visitors parking along the side streets to walk to the beach and excessive AirBNB parking. Craig Hartmann, Chief of Police stated he attended the CEB meeting and answered CEB questions. He noted the CEB determined it needed more information before making a recommendation to the Town Commission. He noted the Town Attorney did an excellent job rewriting the parking ordinance. Town Manager Labadie noted this was the first time the Code Enforcement Board had been asked to review an ordinance. He explained typically the CEB reviewed quasi- Town Commission Workshop Minutes Date: June 25, 2019 Page 10 of 21 judicial enforcement cases. He noted the meeting date was set for July 23, 2019 and the CEB would most likely make a recommendation and send the parking ordinance to the Town Commission for approval or denial. He stated in the interim, he and the Town Attorney were investigating possible intermediary steps and deterrents to prevent visitors from parking in no parking areas. Mayor Zelniker stated it came back to the boards needing guidance and instruction regarding how to prepare for a meeting, how to conduct a meeting, and what was expected of boards. She stated she believed the board should have reviewed the agenda prior to the meeting and requested the needed information in preparation of the meeting. She noted the delay of the parking ordinance was negatively affecting residents. Commissioner David stated if a resident noted an improperly parked car, said resident should call the police. She noted there was currently a parking ordinance in place which gave the police the authority to ticket and tow vehicles improperly parked alongside streets; however, the residents needed to take the initiative and call the police. Discussion ensued regarding the new parking ordinance, posting "no parking" signs and the current parking ordinance. Commissioner Donaldson suggested the boards send items back to the Town Commission with a list of questions. He noted the Commission did not necessarily need a firm yes or no from the boards, but communication was important. Commissioner Gossett -Seidman suggested posting "no parking" signage, educating the public regarding police notification of parking violations, and HOAs educating residents about police notification of parking violations. Discussion ensued regarding difficulty of identifying visitors as opposed to residents parked along the street and the possibility of resident parking placards. Mr. Carl Gehman stated there were not only visitors and residents parking along the side streets, but also workers such as pool maintenance. He stated as a resident he did not feel parking was quite as large an issue as the Town Commission felt it was. He suggested residents ask visitors not to park in the area as most visitors were good, accommodating individuals. C. Discussion of the Proposed Ordinance Relating to Vacation Rentals. Town Manager Labadie gave a brief history on the steps taken to create this ordinance. He noted the Ordinance was developed as a means not to prohibit vacation rentals, as was preempted by State law, but to monitor the structures, ensure the rentals were following safety regulations, and enable the Town to be aware of vacation rental locations. He explained this would better equip the Police Department to monitor for public safety. He noted one resident recommended broadening the scope of the ordinance to cover all rentals. He stated the first reading of this Ordinance was tentatively scheduled for July 2, 2019 with minor changes. He noted if it was decided Town Commission Workshop Minutes Date: June 25, 2019 Page 11 of 21 the scope of the ordinance should be broadened, it would delay the process by approximately one month. Commissioner David recommended moving forward with the Ordinance as it was and if the Commission so chose, the scope could be broadened at a later date. She stated contrary to the belief of residents, this Ordinance did not open the gates to vacation rentals, vacation rentals were already in place; State law allowed vacation rentals, and the Ordinance gave the Town regulation rights. She stated the Town should have the right to fine a vacation rental if it failed to register with the Town and repeat violations should carry increased fine levels. She stated she agreed with the idea of a regular rental regulation program and the Town should consider this. She noted Delray had a rental program in place and a rental regulation program would be an extra revenue source for the Town. Commissioner Donaldson agreed with Commissioner David. He asked if condo HOA laws superseded Town law. Town Attorney Torcivia responded condo HOAs could have stricter regulations than the Town which were required to be followed; however, homeowners were required to follow both Town law and HOA regulations. Commissioner Donaldson asked to add "peace" into the "purpose of the ordinance" as he felt ensuring peaceful enjoyment of vacation rentals was a purpose of the ordinance. He asked if there was a need for a statement regarding enforcement. Town Attorney Torcivia noted he would investigate, but he believed there was an ordinance which spoke to enforcing all Town code. Commissioner Donaldson noted in 34-4 Definitions under transient public lodging establishment, "units" should be changed to "unit." He asked why transient public lodging establishment and vacation rental occupancy were two separate definitions. Town Attorney Torcivia responded he was unsure and would investigate. Commissioner Donaldson questioned the language which referenced "zoning code." Discussion ensued regarding the language. Commissioner Donaldson recommended including a statement on the application form regarding providing false information. Commissioner Gossett -Seidman asked if there was a way to regulate boat rental and dock space rental through this Ordinance. Discussion ensued regarding boats being included with vacation rentals, exactly what the Commission wished to regulate, possibility of limiting number of boats permitted to be rented, and possibility of prohibiting boats or dock space from being rented separately from a vacation rental. Commissioner Gossett -Seidman asked about the occupancy guidelines. Discussion ensued regarding fire code requirements, not being able to regulate vacation rental occupancy, safety and fire codes determining occupancy rates, Deerfield including occupancy rates in its vacation rental ordinance, the party at Wellington, the concern regarding the Ordinance encouraging vacation rentals, the Ordinance definitely not encouraging vacation rentals, the Ordinance regulating vacation rentals, the Ordinance ensuring life safety and health safety codes were followed, comparing Miami Beach Ordinance with Highland Beach Proposed Ordinance, and obtaining a second option regarding the Highland Beach Proposed Ordinance. Town Commission Workshop Minutes Date: June 25, 2019 Page 12 of 21 Vice Mayor Babij asked what the original goal of the Ordinance was. Mayor Zelniker stated the original goal was to prevent Highland Beach from becoming a "spring break" type of community. Mr. David Axelrod explained the State was considering a law which would take control of all short term rentals and as a result the Town Commission felt it was necessary to create an ordinance regarding short term rentals prior to passage of State legislation. Discussion ensued regarding the history of the process, the reasons for the ordinance and the events which inspired the Town Commission to consider the ordinance, the possibility of occupancy limits being prohibited, the concern regarding proliferation of vacation rentals, the ordinance being created in response to this concern and the need to have a firm understanding of occupancy limits prior to the first reading of the ordinance. Discussion ensued regarding the square footage and minimum bedroom requirements, the ordinance putting safety and fire regulations into place for vacation rentals, the possibility of license issuance for vacation rentals, the inclusion of definitions of words not used in the ordinance, and the possibility of utilizing language found in other municipalities' ordinances. Vice Mayor Babij suggested excellence before speed; there was time to ensure the ordinance was exactly as it should be prior to approval to prevent repeated editing. Town Manager Labadie noted this ordinance was similar to the ordinance used in Holmes Beach (a similar community to Highland Beach located on the west coast of Florida). Discussion ensued regarding the possibility of simplifying the ordinance into a general rental inspection program and the possibility of a higher degree of regulation when not targeting vacation rentals specifically. Mayor Zelniker noted the Planning Board voted 6 to 0 recommending approval of this Ordinance. She noted hotels were purchasing homes to advertise as AirBNB type rentals; the Town needed to address this as well. She stated vacation rentals were in fact businesses, which was a cause for concern. She noted there were laws in place which seemed to indicate short term vacation rentals were a right of the people and the Town needed to exercise careful consideration of the issue at hand. Vice Mayor Babij agreed and noted the ordinance should be carefully considered prior to approval. Mayor Zelniker stated the Planning Board recommended approval and the Town could always change or add to the ordinance as it saw fit. She stated she was concerned because Town law could not supersede State law and in many ways the Town's hands were tied. She noted Town Ordinance prohibited businesses in the Town of Highland Beach; however, vacation rentals were proliferative and were indeed businesses. Commissioner Gossett -Seidman reported last year there were problems with AirBNB visitors behaving inappropriately in the Town of Highland Beach. She reported there was a town in Florida which was 70% AirBNB homes, and New York City had 56,000 AirBNB listings. She explained these were also reasons this Ordinance came into being. She stated the Town had an ordinance 10 years ago which prohibited these types of rentals; however, it had disappeared. She indicated she agreed more research could be conducted, possibly by comparing Highland Beach ordinance to Ocean Ridge, Manalapan, South Palm and Sunny Isles; however, she wished to move quickly. Discussion ensued regarding the ordinance and timing. Town Commission Workshop Minutes Date: June 25, 2019 Page 13 of 21 Mr. David Axelrod indicated the Town legally could not prohibit vacation rentals. He noted the idea was to put an Ordinance into place to take care of the vacation rentals and exercise some control over the vacation rentals. He noted the State wished to control the taxes associated with vacation rentals and the Proposed Ordinance would not interfere with the State's wishes. He noted Marriott legally could not buy homes in Highland Beach to run as vacation rentals. He stated the purpose of the Ordinance was to regulate vacation rentals and perhaps make it a little more difficult to establish a vacation rental. Mr. John Boden stated the Planning Board decided it was imperative to put this Ordinance into place as soon as possible. He recommended moving forward. Mayor Zelniker agreed; she believed additional research would not take one month; it would take six months to a year. She discussed the importance of the definitions within the ordinance. Commissioner Donaldson stated he had copies of the Deerfield Beach vacation rental package including applications and forms which he distributed to Staff. He noted Deerfield Beach approached the issue through land development code, not code of ordinances; however, Deerfield Beach Code shared common language with the Highland Beach Proposed Ordinance. He indicated until the State acted, Highland Beach needed to exercise home rule and put an Ordinance into place to address vacation rentals. He noted the State may grandfather in provisions which the local municipalities enacted. He encouraged the Town Commission move forward with the Ordinance quickly. Mr. Douglas Hillman reported AirBNB had over 4 million listings worldwide. He reported Highland Beach had 6 or 7 AirBNB listings at any given time during the year. He stated if Marriott did purchase property in Highland Beach he believed Marriott would manage and maintain said property properly. He stated he understood from the discussion, if the Town took a broader view of the rental ordinance, the Town could possibly exercise stronger control over rentals in general. He stated this Ordinance could be approved; however, he encouraged the Town to continue to work towards a stronger broader package which would control rentals in general. He noted this Ordinance could be removed at a later date. He reviewed section 34-4 of the Ordinance and urged the language be changed to reflect rentals of "a calendar month or less" (rather than "less than 30 days") and "once in a calendar year or more" (rather than "three times in a calendar year or more"). Town Manager Labadie indicated at the time of the first reading on July 2, 2019 the Commission could make a motion to change direction, course, language, etc., and adjust the Ordinance as needed. Mayor Zelniker called for a brief five minute recess. Town Commission Workshop Minutes Date: June 25, 2019 12. NEW BUSINESS Page 14 of 21 Town Clerk Gaskins read Items 12A through 12F into the record at the appropriate junctures. A. Consideration to Approve and Authorize the Mayor to Execute a Proposal with Shenandoah Construction in the amount of $45,578.00 to repair deficiencies in the Stormwater System. Town Manager Labadie reported this Item was approved with the Budget; however, as the proposed expenditure was more than $25,000 dollars it required Town Commission approval. He asked for approval to place this Item on the Consent Agenda and move forward. Vice Mayor Babij asked if there was a dollar amount threshold which indicated a project was required to be bid out. Town Manager Labadie explained projects which cost more than $25,000 dollars were required to be bid out, while projects which cost less than $25,000 dollars were required to obtain three sealed bids. He noted, however, the Town of Highland Beach had a policy in place which allowed the Town "piggy back" on larger municipalities' efforts and secure project rates which were bid to the larger municipalities. He noted this project was an example of Highland Beach securing the rates bid to a larger municipality. Finance Director Lalla explained the RFP was required to be obtained within one year of issuance to the larger municipality and the RFP was required to reflect current market rates. Vice Mayor Babii agreed to place this Item on the Consent Agenda. Commissioner Donaldson asked if the specifics of the Highland Beach contract were congruent with the larger municipality's contract. Town Manager Labadie responded in the affirmative. Commissioner Gossett -Seidman asked about the stormwater project details. Town Manager Labadie noted the project would repair plugged pipes, broken pipes, submerged outlets, etc. Commissioner David asked if the affected pipes were located on public or private land. Town Manager Labadie responded the pipes were located within easements. Mayor Zelniker asked if there was any Public Comment; there was none. Mayor Zelniker asked if the Commission agreed to place this Item on the Consent Agenda; the Commission agreed. B. Discussion on Town Legal Services Contract and Service Structure. Town Manager Labadie discussed the Town Legal Services Contract and noted Loxahatchee Grove was a similar town to Highland Beach, although it was inland; however, generally the Loxahatchee Grove RFP for services matched the Highland Beach RFP. He stated he reviewed what had been spent on Legal Services over the past four years and noted the spending was reasonable. Town Commission Workshop Minutes Date: June 25, 2019 Page 15 of 21 Commissioner David stated she understood this was a minor amendment to an existing contract. She noted the hourly rates were competitive. She commented it was good to be working with a company which was familiar with Highland Beach and with which the Town had experienced no major difficulties. She recommended continuing with the current Legal Services Contract. Commissioner Gossett -Seidman stated she was in favor of a forthright and open search and contract renewal. She commented she had no immediate problem with Town Attorney Torcivia or his colleagues; however, she wished to see all contracts bid upon, including the Town Legal Services Contract. Vice Mayor Babij noted at some point this Contract should be put out for bid for purposes of good stewardship. He explained this was not to be considered a negative reflection upon current services. He stated the Legal Department was a critical service and he believed only elected officials should make decisions regarding legal services. He suggested putting the contract out to bid following the March election. Commissioner Donaldson stated he believed the amendment was suitable, the prices were acceptable, and he felt comfortable moving forward with the contract. Mayor Zelniker agreed. She noted the firm had been with the Town for many years and there was an advantage to having a legal department which was familiar with the Town and its issues. She stated she appreciated the efforts made by the legal department. She stated she understood the reasons for the periodic rise in legal fees. She commented Town Commissioners were not permitted to speak regarding Commission issues outside of Commission meetings. She explained, as such, the Commissioners would occasionally speak with the Attorneys, and this cost money. She noted there had been many complicated issues this past year, including the death of the Mayor, and as a result there were many questions the legal department had been required to address; all of this caused the legal fees to temporarily rise. She stated she felt this was fair. She asked how often the legal department received calls from Commission Members. Town Attorney Torcivia responded the number of phone calls he received from Town Commission Members had significantly dropped recently. He was no longer receiving phone calls from Town Commission Members. Mayor Zelniker indicated the Town Commission was directed to contact Town Manager Labadie with concerns or questions, and the Town Manager would contact the Town Attorney if necessary. Town Attorney Torcivia distributed a chart to the Commission Members. He stated he believed his firm delivered excellent legal services in a cost effective manner. He noted prior to the hire of his firm the average legal fees for the Town of Highland Beach were $215,000 dollars annually. He reported since his firm was contracted, even with the spike during the last year, the average legal fees were $127,000 dollars annually, which was 59% of the previous legal fee cost. He noted his firm was contracted to nine other nearby municipalities which enabled the firm to easily compare ordinances and code between municipalities. He indicated his firm strove to provide the best service possible at the best possible price. Town Commission Workshop Minutes Date: June 25, 2019 Page 16 of 21 Mayor Zelniker thanked Town Attorney Torcivia and the legal team. She asked if there were any Public Comments; there were none. Town Manager Labadie noted this was not an action Item and did not need to be added to the Consent Agenda. C. Discussion Regarding Amending Section 2-28(1) to Change Commission Workshop Meetings to Regular Meetings and Changing Meetings to the First and Third Tuesday of the Month. Town Manager Labadie stated this amendment would change all meetings to action meetings which would increase efficiency and efficacy. He noted this would help in establishing a schedule of action. He indicated he was in favor of this amendment. He noted holding meetings on the first and third Tuesday of the month would better enable Staff to react to direction of the Commission and prepare for upcoming meetings. He stated these changes could become effective in October 2019. Commissioner Gossett -Seidman stated holding meetings the first and third Tuesday could be problematic, especially in December and July, as for example, her family took an extended vacation in the month of July. Town Manager Labadie noted the Town Commission could schedule its meetings annually, following the general rule of first and third Tuesdays, but making adjustments as needed. Commissioner Donaldson approved of the concept. He stated he feared there would be "no" votes in an effort to extend an item for discussion; however, he appreciated the possibility of moving forward with action items more quickly. He noted he approved the amendment. Commissioner David suggested the first and fourth Tuesday for meetings; however, she was flexible regarding this point. She noted the Commission should consider additional meetings as needed to prevent four hour meetings. She recommended splitting large agendas into multiple meetings. She agreed all meetings should be action meetings, not workshop meetings. Vice Mayor Babii stated he approved of the schedule change whether it be first and third or second and fourth or meetings every 20 days. He stated the risk with every meeting being an action meeting was issues might be rushed through without proper consideration; however, he believed the risk was minor and he approved of the amendment. Town Manager Labadie noted the purpose of the amendment was not to rush items, but was to enable the Town Commission to move as quickly as it wished and to enable Staff to better prepare items for Commission review. Mayor Zelniker stated this amendment would not rush items, but would better enable Town Commission to move forward with items. She agreed the meetings could be scheduled first and third Tuesdays, with a few meetings rescheduled to accommodate the needs of the Town Commission Workshop Minutes Date: June 25, 2019 Commission. Page 17 of 21 Town Attorney Torcivia noted the amendment could read one scheduled meeting on the first Tuesday of each month and additional meetings as necessary. He explained in July only one meeting may be needed; however, in budget season, three meetings in month may be needed. Town Manager Labadie agreed. He recommended establishing an annual schedule. Commissioner Gossett -Seidman stated Town Manager Labadie should hire temporary assistance if needed. Mayor Zelniker stated she felt the Town Commission needed to hold more than two meetings monthly until the list Commissioner Gossett -Seidman prepared was completed. Town Manager Labadie stated he would bring this item before Town Commission with the recommended changes during the regular meeting for a first reading. Mayor Zelniker asked if there were any Public Comments. Mr. Doug Hillman stated he believed the Town Commission was overworked due to the boards not working efficiently. He noted the individuals on the boards were well qualified; however, the boards needed guidance and direction. He discussed what he felt were the boards' responsibilities. D. Discussion Regarding Joining the Palm Beach County 2020 Census Partnership and Creating a Town of Highland Beach 2020 Complete Count Committee. Town Manager Labadie reported in 2010 during Census the Commission appointed a five person ad-hoc Committee whose main function was to increase the response rate, raise awareness, provide education and information, and inspire residents to participate in the Census. He noted the Census Partnership Specialist was again encouraging the Town to establish this Committee. He noted the Census would be electronic in 2020. He asked for the Town Commission's thoughts regarding forming the Partnership and establishing the Committee. Vice Mayor Babii agreed with the Partnership and the Committee. He stated he did not wish to appoint a Committee Member and asked the Town Manager to find volunteers. Commissioner David agreed with the Partnership and the Committee. Commissioner Gossett -Seidman agreed with the Partnership and the Committee. She stated she would appreciate an open call for residents interested in joining the Committee. She asked for the census schedule. Town Manager Labadie responded the census would be conducted in the spring of 2020. Commissioner Gossett -Seidman asked if seasonal residents were counted as residents of Highland Beach. Town Manager Labadie stated he was unsure, but would find out. He noted the electronic census enabled all participants to declare place of residency from any location. Town Commission Workshop Minutes Date: June 25, 2019 Page 18 of 21 Mayor Zelniker noted the League of Cities sent out an email discussing how to assist citizens who did not speak English, etc. She stated in her experience residents who were experiencing difficulty with the census went to the library for assistance. She noted the library was well equipped to assist residents with the census, and there were eleven computers for public use in the library. She commended the library volunteers and recommended speaking with the librarians regarding the census. Town Manager Labadie noted the Census Committee would be best equipped to speak with the library regarding the census. Commissioner Donaldson agreed with the Partnership and the Committee, as well as an open call for interested volunteers. E. Discussion Regarding Amending Section 30-68 to Allow for a Separation Between a Principal Structure and an Accessory Structure Up to 500 Feet When Principal Structure and Accessory Structure are not on the Same Lot. Town Manager Labadie noted Staff was directed to discover what other municipalities' codes were in this regard. He reported Boca Raton allowed a separation of up to 1000 feet; Hillsborough had no codes which related to this issue, while other municipalities required contiguous, same size, adjacent lots, unified under unity of title. He stated Palm Beach required immediately opposite across the street lots. He noted Highland Beach required the lots to be immediately opposite; however, the Spiegel property in Highland Beach had 450 feet of accessory low separation for 20 years without issue; therefore, an amendment to Section 30-68 was being considered to allow 500 feet of separation. He discussed the schedule of possible approval. He noted it would go next before the Planning Board for review and recommendation. Commissioner Donaldson agreed Highland Beach had unique features to be taken into consideration and he stated he supported the amendment. He asked for the Planning Board to be directed to send the item back to the Town Commission if no decision was reached and not table the item. Vice Mayor BaH recommended changing 500 feet to 1000 feet to match Boca Raton. He asked about the special exception language. Town Manager Labadie noted the special exception language enabled the Commission to make exceptions to the rule and deny petitions when the Commission felt it was necessary. Commissioner David approved the amendment at 500 feet or 1000 feet and agreed with the special exception language. Commissioner Gossett -Seidman asked if there was a downside to this amendment. Town Manager Labadie responded he was unsure; however, this was the purpose of the special exception language as it was impossible to predict all scenarios. He noted potentially there could be resultant parking difficulties as residents would drive to an accessory structure which was 1000 feet away from the primary residence. Discussion ensued regarding the history of current code. Commissioner Gossett -Seidman stated she supported the amendment. Town Commission Workshop Minutes Date: June 25, 2019 Page 19 of 21 Mayor Zelniker agreed Highland Beach should be congruous with Boca Raton's language "1000 feet between principle lot and dock lot." Town Manager Labadie stated he was unsure if Highland Beach should limit the type of accessory structures in the same manner as Boca Raton; Highland Beach had slightly larger accessory lots. He stated he would investigate. Mayor Zelniker recommended paralleling Boca Raton's language if it was correct and applied to Highland Beach. Town Manager Labadie agreed and noted he would research the situation and bring the item back before the Commission. Discussion ensued regarding 1000 feet separation, dock lot versus accessory lot, and dock lot being too specific. It was agreed to send the amendment to the Planning Board for review. Mayor Zelniker asked if there was any Public Comment. Mr. Doug Hillman asked why Boca Raton chose 1000 feet. Town Manager Labadie responded Boca Raton often indicated its decisions were made "to make the residents happy," but noted he would contact Boca Raton regarding the reasons for 1000 feet. F. Discussion Regarding Amending Section 30-46 to Allow for First Class Mailing Instead of Certified Mail Notice to Surrounding Property Owners of a Development Approval Application. Town Manager Labadie reported the Town currently required certified mail notice for every public notice and public hearing. He stated it was $6.85 dollars per notice and the Town required notice to all homes within 1000 feet of the affected property. He explained this was expensive and was no longer an effective means of public notice. He stated residents were required to drive into Boca Raton to pick up the certified mail which was problematic. He indicated first class mail would be delivered to resident's homes and would be forwarded to residents who happened to be out of state which was more effective. He stated the notice was also posted on the website, on a sign on the affected property, and through an email blast. He stated he felt first class mail would be the fastest, most effective, method of notice through the postal system and would be a lower cost to residents. He discussed the approval schedule. Commissioner Gossett -Seidman stated she supported the Amendment to Section 30-46. Commissioner David stated she supported the Amendment to Section 30-46. Vice Mayor Babij stated he supported the Amendment to Section 30-46. Commissioner Donaldson stated he supported the Amendment to Section 30-46. Mayor Zelniker stated she supported the Amendment to Section 30-46. She asked if there was any Public Comment; there was none. Town Commission Workshop Minutes Page 20 of 21 Date: June 25, 2019 13. PUBLIC COMMENTS AND REQUESTS - AGENDA ITEMS ONLY Mayor Zelniker asked if there were any Public Comments regarding Agenda Items; there were none. 14. TOWN COMMISSION REPORTS A. Commissioner Evalyn David Commissioner David stated she had no report. B. Commissioner Barry Donaldson 1. Report on the June 13 and 14, 2019 Florida League of Cities Committee on Utilities, Natural Resources and Public Works. Commissioner Donaldson noted he submitted the above written report to the Commission. He asked if there were any questions; there were none. C. Commissioner Peggy Gossett -Seidman Commissioner Gossett -Seidman reported she lost power on Sunday and called FPL who arrived in 20 minutes and removed a large lizard from the power line which had caused the power outage. She noted the FPL employee indicated this was a daily occurrence. D. Vice Mayor Greg Babij Vice Mayor Bab i� stated he had no report. E. Mayor Rhoda Zelniker Mayor Zelniker reported the Spanish River Bridge construction was supposed to begin June 24, 2019; however, due to the Camino Real delay this construction would begin July 12, 2019. 15. TOWN ATTORNEY REPORT Town Attorney Torcivia stated he had no report. 16. TOWN MANAGER REPORT Town Manager Labadie reported the crosswalk plans were submitted for permitting with FDOT and Highland Beach; this should be completed in a couple of weeks. He stated once approved by FDOT, the Planning Board would review, Town Commission would review, and then the crosswalk project would go out for an RFP. He reported the first package of Highland Beach crossing flags would be received at the end of the week for the pilot program. He stated, if successful, the crosswalk flag program would be slowly rolled out to the Town. He discussed the crosswalk flag and program. Mayor Zelniker asked if this program would be practiced at Bel Lido. She noted she was concerned about the children crossing in that area. Town Commission Workshop Minutes Date: June 25, 2019 Page 21 of 21 Town Manager Labadie responded Bel Lido would be considered following the pilot program; it depended upon the level of success of the pilot program. Commissioner Gossett - Seidman noted the crosswalks were not distributed proportionately through the highly populated areas and additional crosswalks were needed. Town Manager Labadie stated this could be addressed, but at a later date. He asked for patience to complete the projects at hand and then move forward with the additional concerns. Commissioner Gossett -Seidman suggested repositioning the crosswalks and moving an existing crosswalk to an area with more need. Town Manager Labadie stated he could broach the subject with FDOT as part of the 3R project. Town Manager Labadie stated the final documents for the Coastal Resilience Partnership were being finalized. He stated this project was supported by a DEP grant. He noted South Palm agreed to act as the fiduciary. He noted Highland Beach shared an attorney with South Palm. He stated there were budgeted dollars for a vulnerability assessment and the vulnerability assessment could be leveraged for grant dollars for specific vulnerability proj ects. Town Manager Labadie reported a number of neighboring municipalities had been cyber attacked and as a result the Town put forth effort to ensure the Highland Beach IT infrastructure was robust. He stated Highland Beach had one-way encryptions and international blocks, was backed up in three different locations, had next generation operating systems, and he believed Highland Beach was well protected. He noted Highland Beach had made significant investments in IT infrastructure and was continuing to make best practice decisions in this regard. Town Manager Labadie stated the Town was on track with the Budget. He reported next week the budget overview presentation would come before the Town Commission. He briefly reviewed the upcoming budget presentation and noted the Town of Highland Beach was in a sound financial position. Town Manager Labadie commended Lois Albertson (ph) and Carol Holland (ph) for excellent work at the library. He commended Officer Jeffrey Miller for excellent community service. 17. ADJOURNMENT Mayor Zelniker adjourned the meeting at approximately 5:44 p.m. APPROVED at September 19, 2019 Regular Meeting. 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