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2019.07.30_TC_Minutes_WorkshopZ�N`G� ft O MOO ' TOWN OF HIGHLAND BEACH TOWN COMMISSION WORKSHOP MINUTES Town Hall / Commission Chambers 3614 South Ocean Boulevard Highland Beach, Florida 1. CALL TO ORDER Date: July 30, 2019 Time: 1:30 PM 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 taken during a Workshop Meeting. 2. PRESENT UPON ROLL CALL Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett -Seidman Mayor Rhoda Zelniker Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins ABSENT Vice Mayor Greg Babij 3. PLEDGE OF ALLEGIANCE The Town Commission led the Pledge of Allegiance followed by a moment of silence to honor U.S. Military Troops. 4. APPROVAL OF THE AGENDA Mayor Zelniker asked if there were any additions or deletions to the Agenda. Commissioner Gossett -Seidman added "Discussion on Reorganizing Agendas and Online Agendas as Needed" as Item 11 G. It was the Consensus of the Commission to accept the Agenda as amended. Town Commission Workshop Minutes Date: July 30, 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 19 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. Ms. Ilyene Mendelson stated her address was 3740 S. Ocean Blvd. She noted she attended the Code Enforcement Hearing for the Golden City property. She reported the Golden City property did work without a permit from Highland Beach after Hurricane Irma. She noted within the next few weeks the South Florida Water Management District (SFWM) permit would probably be issued; Army Corp was still pondering the permit. She displayed a map which illustrated the Golden City property development. She stated SFWM did not consider Highland Beach permitting prior to issuing its own permit. She noted the Town should be prepared to address the situation if the Golden City property began construction after being issued the SFWM permit without obtaining Highland Beach permitting. Mr. Harry Adwar stated (inaudible — microphone not on). He provided comments about beach cleanup by a beach committee in the past. He noted the beach smelled bad due to the seaweed. He stated he hoped the Town could get involved with instituting a wake zone along the Intracoastal Waterway. He reported the landscaping at the north and south entry areas of the Town were lackluster. He suggested the Town consider increasing the budget for landscaping improvements. He stated he spoke with the landscaper and the landscaper approved of his ideas for landscaping improvement. Mr. John Ross stated he lived in Casuarina. He noted when watching the Town Commission Meetings on television any exhibits/maps presented to the Commission were not visible to the viewer. He stated he believed exhibits, maps, slides, etc., should be visible to television viewers. He reported the Fire Department budget was a problem; Highland Beach should not be paying out funds for emergency calls in Delray Beach. He stated there was nothing stopping Delray Beach from increasing Fire Department taxes to the point of unaffordability. He stated Town Commission Workshop Minutes Date: July 30, 2019 Page 3 of 19 he believed the Town Commission was derelict in its responsibility if this problem was not dealt with immediately. He stated the Highland Beach Building Department was not self- sufficient and did not perform the job of a Building Department. He noted the Building Department should be equipped to determine if a permit request was in violation of zoning code; permit requests should not all go before the Planning Board. He stated the Water Plant rewarded the highest users of waters and gave the lowest rate to those who used the most water. He noted the Water Plant should be self-sustaining. Mr. Fred Rosen stated he lived in Braemar Isle. He stated as a resident of Highland Beach, he felt secure in the Fire Department and EMT's ability to respond to a 911 call quickly and effectively. He stated if this cost him an extra $50 dollars to $100 dollars annually, he would gladly pay. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Town Clerk Gaskins read Items 8A, 8B and 8C into the record at the appropriate junctures. She noted residents interested in applying for an available board position should pick up an application from the Town Clerk's Office. A. Board Vacancies/Interviews Code Enforcement Board — Two vacancies: one vacancy for an Unexpired Term ending July 1, 2021 and one vacancy for an Unexpired Term ending August 1, 2021 2. Financial Advisory Board —One vacancy for an Unexpired Term ending April 30, 2022 3. Natural Resources Preservation Advisory Board — One vacancy for an Unexpired Term ending April 30, 2021 4. Planning Board — One vacancy for an Unexpired Term ending August 31, 2020 Board Applicant: Ilyne Mendelson Ms. Ilene Mendelson stated her address was 3740 S. Ocean Blvd. She noted she was present to apply for the Planning Board. She reported she served on the Planning Board for two terms (six years), followed by serving one term on the Board of Adjustment and Appeals (starting 2017). She stated she preferred to serve on the Planning Board and hoped the Commission would approve. Commissioner David stated she had no questions; Ms. Mendelson's resume was sufficient. Commissioner Donaldson stated he knew Ms. Mendelson, as a neighbor and a co - Board Member on his Toscana HOA Board. He asked if Ms. Mendelson could be objective regarding planning requests for projects adjacent to Toscana. Ms. Mendelson responded in the affirmative. Commissioner Donaldson asked if Ms. Mendelson had any specific planning objectives she wished to present to the Planning Board. Ms. Town Commission Workshop Minutes Date: July 30, 2019 Page 4 of 19 Mendelson responded in the negative. Commissioner Donaldson stated at the March 265 2019 Workshop, he proposed a Citizen's Committee be formed to further study the issues raised in the improvement referendums and the activities be closely coordinated with involvement of the Planning Board. He asked if Ms. Mendelson supported this type of initiative. Ms. Mendelson responded in the affirmative. Commissioner Donaldson displayed some pictures of flood events in Highland Beach versus puddles. He stated it was important for Planning Board Members to know the difference between flooding and puddling. Commissioner Gossett -Seidman noted in reviewing past votes from the Board of Adjustment and Appeals many votes were 5 to 1, 4 to 1, or 3 to 1, and often Ms. Mendelson was the one nay vote. She asked Ms. Mendelson for some explanation in this regard. Ms. Mendelson explained she was a lawyer who firmly believed in the rule of law and often did not agree there was a hardship; therefore, she often disagreed with variance approval. She stated she believed approving variances without proof of hardship set a bad precedent. Commissioner Gossett -Seidman reported the Town of Highland Beach updated Codes regularly and was currently updating the Codes once again. She asked if Ms. Mendelson would be able to objectively make decisions regarding all types of residences within the Town of Highland Beach (condos, single family, town house, zero lot line, etc.). Ms. Mendelson responded in the affirmative. She stated she was pleased Highland Beach hired a competent Town Manager and Town Planner. Commissioner Gossett -Seidman stated she believed Ms. Mendelson would make an excellent Planning Board Member. Commissioner David asked if Ms. Mendelson considered herself an obstructionist. Ms. Mendelson responded in the negative. She stated she believed in the law as written. Commissioner David stated Highland Beach was a small town and as such, she believed sometimes residents should be given the benefit of the doubt and Town Board Members were not required to be as rigid as in larger municipalities. Ms. Mendelson explained law indicated variances required proof of hardship, and there was law which defined hardship. She stated the Commission had a right to change this law and make the law less rigid enabling the Board of Adjustment and Appeals to be more lenient. Mayor Zelniker stated she had known Ms. Mendelson for seven years and felt Ms. Mendelson was an asset to the Town of Highland Beach. She stated she agreed with Ms. Mendelson's comments regarding variances and did not believe Ms. Mendelson was an obstructionist. Town Manager Labadie noted Vice Mayor Babij was in support of Ms. Mendelson's application to the Planning Board. Commissioner Gossett -Seidman asked the Town Attorney to read the definition of a hardship. Town Attorney Torcivia read the definition of hardship. He indicated the law was very well-settled in this regard and he did not recommend the Planning Board deviate from what was defined as a hardship as this would cause complications and potential court cases. Town Commission Workshop Minutes Date: July 30, 2019 Page 5 of 19 It was the Consensus of the Commission to place Ms. Mendelson's appointment on the August 6, 2019 Town Commission Regular Meeting Consent Agenda for approval. 5. Board of Adjustment and Appeals — One vacancy for an Unexpired Term ending November 1, 2019 Board Applicant: Robert Bailyn Mayor Zelniker reported Dr. Robert Bailyn was interviewed by the Commission at the May 28, 2019 Town Commission Workshop Meeting. She stated she approved his appointment. Commissioner David stated she did not recall there being any problems with Dr. Bailyn; therefore, she approved of moving forward. Commissioner Donaldson stated he approved of Dr. Bailyn. Commissioner Gossett -Seidman agreed and noted Dr. Bailyn came highly recommended, had served as President of his HOA, was involved in Town activities, followed Town Commission Meetings, and she believed Dr. Bailyn was an excellent candidate. Town Manager Labadie noted Vice Chair Babij approved of Dr. Bailyn. It was the Consensus of the Commission to place Dr. Bailyn's appointment on the August 6, 2019 Town Commission Regular Meeting Consent Agenda for approval. B. Upcoming Meetings and Events 1. Town Commission Special Budget Meeting — August 1, 2019 — 12:00 PM 2. Town Commission Regular Meeting — August 6, 2019 — 1:30 PM 3. Town Commission Special Budget Meeting — August 20, 2019 — 12:00 PM 4. Town Commission Workshop Meeting— August 27, 2019 — 1:30 PM 5. Town Commission Special Budget Meeting — August 29, 2019 — 12:00 PM (optional) C. Board Action Reports There were no Board Action Reports. 9. PROPOSED ORDINANCES AND RESOLUTIONS There were no Proposed Ordinances and Resolutions. 10. REGULAR AGENDA There were no Regular Agenda Items. Town Commission Workshop Minutes Date: July 30, 2019 11. NEW BUSINESS Page 6 of 19 Mayor Zelniker read titles for Items 11 A, 11 B, 11 C, 11 D, 11 F, and 11 G into the record at the appropriate junctures. A. Approval of Meeting Minutes March 26, 2019 — Workshop Minutes May 7, 2019 — Regular Minutes May 28, 2019 — Workshop Minutes June 4, 2019 — Regular Minutes July 2, 2019 — Regular Minutes Commissioner David asked why these Minutes had not been approved previously. Town Clerk Gaskins explained the Minutes were very lengthy and took some time to transcribe; therefore, the Minutes were just completed recently. She noted the June 25, 2019 Minutes were currently being transcribed. Commissioner Donaldson noted he had no changes. Commissioner Gossett -Seidman stated she had no changes. Mayor Zelniker stated she had no changes. She reported the previous transcriptionist, Rosalie, retired which caused the initial backlog of Minutes. She asked if there were any Public Comments regarding the Minutes; hearing none, she closed Public Comments. It was the Consensus of the Commission to place the Minutes on the August 6, Town Commission Regular Meeting Consent Agenda for approval. B. Street Parking Presentation 1. Update on a proposed ordinance amending Chapter 16 "Motor Vehicles and Traffic." Commissioner Gossett -Seidman displayed a map of a small area of Highland Beach's side streets. She noted A 1 A was not within Highland Beach's purview of regulation. She stated Highland Beach had many condos and town houses with private drives, again not within the purview of Highland Beach. She displayed and discussed a map illustrating the six side streets, which were owned and regulated by the Town, as well as some canals and lakes. She displayed and discussed pictures of Bel Air Drive, Russell Drive, Highland Beach Drive, Tranquility Street, Bel Lido Drive, Bel Lido Bridge, and Intracoastal Drive, noting these roads were all relatively narrow. She displayed a photo of Intracoastal Drive with vehicles parked along both sides of the road which was extremely problematic and prevented through traffic. She displayed a photo of service vehicle parking during daytime hours, which clogged the roads. She displayed and discussed various photos of roads with vehicles illegally parked creating complications. She stated it was important for residents to understand why the Town had parking ordinances; however, the parking ordinance only pertained to the six streets which were owned by the Town. She stated the residents along Town Commission Workshop Minutes Date: July 30, 2019 Page 7 of 19 these six streets did not want parking to be permitted along the roadways. She displayed a petition (conducted by a resident) filed last year with 40 signatures of residents requesting side street parking be banned. She indicated it was important to take resident's thoughts into consideration regarding this issue as these were the individuals who lived along these streets. Town Manager Labadie reported on January 29, 2019 the Town Commission reviewed the initial Ordinance revising and modifying the current parking regulations outlined within the Code of Ordinance and expressed changes to be incorporated into the new Ordinance; therefore, the Town Attorney, Police Chief, and Town Planner drafted and updated the new version. He noted the changes were outlined in the memo before Commission. He stated on March 5, 2019, the Town Commission forwarded the Ordinance to the Code Enforcement Board which tabled the item on May 14, 2019, resumed review on July 23, 2019, and recommended approval with inclusion of a definition of recreational vehicles. He stated before Town Commission was the latest draft of the Ordinance scheduled for discussion on August 27, 2019 at the Workshop Meeting and potentially a first reading on September 3, 2019. He commented there was no need to change the current Ordinance as it currently prohibited parking in the right-of-way. He noted if the Ordinance was actively enforced and tickets were freely given difficulties might arise. He noted the current ordinance did not discriminate and all vehicles parked in the right-of-way would be ticketed, be it a resident or a visitor. He stated the new Ordinance prohibited overnight parking, installed "no parking" signs, prohibited beach parking, and included more specific descriptions regarding no parking areas and hazardous parking. Commissioner Gossett -Seidman noted there were additional changes to the Ordinance which needed to be included if the Commission moved forward with the new ordinance. She noted she would review these changes later at the request of the Commission., Commissioner David recommended two or three parking placards be issued to homeowners for distribution to visitors. She noted this would enable the police to determine who was parked legally versus illegally. She asked if the Police Chief felt this was a good idea. Chief of Police Craig Hartmann responded in the negative. He stated a placard system for all of the homes along the side streets would be extremely difficult to track. Commissioner David noted she was trying to prevent visitors from parking to walk to the beach. Chief Hartmann stated beach visitors affected a small portion of the Town and the police were making efforts to put a stop to beach visitors; a gate in this location to prevent public beach access was being considered. He stated the new ordinance, if approved, would enhance the current parking ordinance, making it clearer and more enforceable. He commended the construction vehicle parking amendment to the ordinance. He explained the new ordinance would make it easier for police to enforce the parking code, as well as educate residents regarding parking requirements which would make enforcement largely unnecessary. Commissioner Donaldson asked about the definition of recreational vehicle. Town Manager Labadie stated Town Planner McKinney wrote the definition based on Florida Statute. Commissioner Donaldson stated he believed the new parking ordinance would Town Commission Workshop Minutes Date: July 30, 2019 Page 8 of 19 cause complications in regards to construction vehicles; however, he believed it was important to get the new ordinance approved and if there are unintentional consequences the Town could address said problems in the future. He suggested sending out a mailing with educational materials regarding the new ordinance if approved. Commissioner Gossett -Seidman stated residents did not wish to allow any RV parking on the road; however, did wish to permit overnight RV parking in driveways. Chief Hartmann stated RV parking had been a non -issue over the years. Commissioner Gossett -Seidman stated the new Ordinance contradicted the Construction Handbook regarding commercial vehicle parking on private property. Town Manager Labadie noted construction vehicles were permitted to park during the daytime hours only, not overnight, and only in approved designated areas. Discussion ensued regarding rewording the code and ordinance regarding construction vehicles, parking on lawns not being allowed, HOAs wishing to have input regarding placement of no parking signs, the importance of community/police interaction regarding parking violations, time limits on commercial vehicle parking, requiring parking in driveways when possible, residents not wanting commercial vehicles in driveways, the new parking ordinance allowing roadside parking in certain situations, the Town not having sidewalks along the side streets, and children/teens walking in the streets. Mayor Zelniker asked if the Police Chief approved of the new parking ordinance. Police Chief Hartmann responded in the affirmative. Mayor Zelniker discussed the previous placard system and the possibility of a new placard system. Discussion ensued regarding parking during evening parties, parking during evening hours being permitted along a single side of the street to allow through vehicle and emergency vehicle access, placards for construction vehicles, a registration process for placards, the possibility of requiring vehicles to park as close to the destination home as possible, visitors wishing to park in shady areas, being a good neighbor, and placement of "no beach parking" signs. Mayor Zelniker asked if the new parking ordinance should include AirBNB specific regulations. Town Manager Labadie noted the AirBNB ordinance required compliance with the parking ordinance regulations. Discussion ensued regarding vacation rental packages being distributed by the Town with educational materials regarding Town regulations. Town Manager Labadie stated Vice Mayor Babij felt the recreational vehicle parking section needed to be reworded; Vice Mayor Babij suggested allowing residents to park RVs in driveways for 48 hours as it took time to load an RV for a trip and suggested guests be allowed to park an RV in a driveway for 48 hours without a permit. He reviewed Vice Mayor Babij's thoughts about the commercial vehicle section needing to be less restrictive and allow commercial vehicles, which were not "heavy" vehicles, to park in driveways. He discussed Vice Mayor Babij's thoughts regarding rewording the beach access section to permit resident's friends and family park for beach access, and his thoughts regarding over -regulation causing unintended results, additional problems, and confusion. He stated Vice Mayor Babij reminded the Town Commission of its responsibilities as a policy setting entity. Town Commission Workshop Minutes Date: July 30, 2019 Page 9 of 19 Commissioner Donaldson stated the section on commercial versus personal vehicles with signage needed to be revisited. He stated heavy commercial vehicles should be prohibited; however, a personal vehicle with signage should be allowed. Town Attorney Torcivia suggested the ordinance restrict the size of a sign rather than the content of a sign. Discussion ensued regarding vehicle signage, restriction of visibility of vehicle signage, the ordinance only being applicable to public streets, not private streets such as condo parking lots, condos associations having the right to regulate its own streets and parking areas, and avoiding over -specificity. Mayor Zelniker opened Public Comments and asked if any present wished to speak. Ms. Diane Matthewman stated her address was 1109 Bel Air Drive. She noted she would not change the current ordinance and encouraged the Commission to continue to prohibit all parking on the side streets. She discussed how the current ordinance had worked in the past and should continue to be effective. She stated she did not believe the new ordinance was enforceable, nor did she believe a gate would be installed across the current beach access area. She indicated allowing parking in the street would cause accidents; pedestrians and bicycle riders would be in peril. Commissioner Gossett -Seidman asked if it was possible to poll the side street residents for opinions regarding parking. Town Manager Labadie responded in the affirmative; it was possible. Mayor Zelniker noted the Town had been working diligently on this parking ordinance for a very long time. Ms. Gilda Corrales stated she lived on Intracoastal Drive in Bel Lido. She reported there were three homes being prepared for demolition, which meant there would be three homes under construction on her street. She stated there would be an average of eight trucks per home under construction, totaling 24 construction trucks parking on her street at any given time. She stated she agreed with no parking on the street, or severely limited street parking. She stated she was unable to leave her home for a day last year and had witnessed situations where emergency vehicles were unable to access the road due to parked vehicles. She stated she worried passage of the new parking ordinance would unintentionally encourage street parking. Ms. Matthewman noted party parking was not a problem along her street. She stated construction parking must be permitted; however, should be restricted to one side of the street to allow through traffic. She stated there was no reason for recreational vehicles to be parked in the street. Mr. Douglas Hillman stated he lived in Dalton Place. He noted he was sympathetic to the parking problems on Intracoastal Drive. He stated construction would always take place along Intracoastal Drive as it was a desirable area. He suggested the area HOA conduct a survey of resident's regarding street parking. He stated he agreed with Ms. Corrales and no parking should be permitted in her area. Discussion ensued regarding construction vehicle access, no construction parking being permitted along the road according to ordinance, parking commercial vehicles elsewhere and bussing in construction workers being an effective restriction. Town Commission Workshop Minutes Date: July 30, 2019 Page 10of19 Mr. Roger Brown stated his address was 4314 Tranquility Drive. He noted he had a large family with six children and often hosted dinner parties. He stated it was important for his guests and children to be able to park along the street without persecution. He stated the needs of the few should not outweigh the needs of the many. He stated he understood the beach parking and commercial vehicle problem; however, as a homeowner his children should be permitted to park in the street when the driveway was full. He agreed it was unacceptable for individuals to park and walk to the beach, and he agreed it was important for emergency vehicles and residents to have through access, but to restrict his children and friends from parking along the street was unacceptable. Mayor Zelniker agreed resident's children and guests should be allowed street parking when necessary. She suggested the difficulty lay in developing a single parking ordinance for different types of neighborhoods: family neighborhoods and older generation type neighborhoods. Commissioner Gossett -Seidman stated the biggest problem was beach parking along Russell and Bel Air. She stated she believed "no parking" signs in this area would solve the beach parking predicament. She agreed street parking should be allowed for parties, families, lawn trucks, pool trucks, UPS, etc. She stated she believed the new parking ordinance and the no parking sign installation would be sufficient to solve the parking problems. Commissioner Donaldson agreed a new parking ordinance needed to be approved soon and if there were unintended complications then the ordinance could be adjusted as necessary. Commissioner Gossett -Seidman asked how soon no parking signs could be installed. Town Manager Labadie responded no parking signs could be posted in a few days. Mayor Zelniker suggested the signs include "no parking or fines up to...7. Town Manager Labadie stated the signs he ordered did not include information regarding fines. Discussion ensued regarding the Police Department having an excellent understanding of the parking problems within the Town and knowing which residents had large families and construction needs, which streets had more issues than others, sending out a survey to the residents along the side streets, and HOA email surveys versus Town email surveys. It was the Consensus of the Commission to send the Ordinance back to Staff for minor adjustments and for Town Manager Labadie to send a parking survey to the side street homeowners via email. Town Manager Labadie noted the Ordinance would be tweaked by Staff and continued on schedule; the no parking signs would be posted in the next few days. C. Discussion of Advisory Board and Committee Appointment Process. Town Manager Labadie reported at the May 28, 2019 Workshop Meeting the Town Commission discussed a draft process as presented and the Town Commission directed the Town Manager to solicit feedback. He stated feedback was received and the draft was Town Commission Workshop Minutes Date: July 30, 2019 Page 11 of 19 modified accordingly. He explained this document formalized the advisory board and committee appointment process. He discussed some of the changes to the document. He noted if approved this would not be an ordinance, but would be a policy resolution. He stated the Code Enforcement Board reviewed the policy and noted it was uncomfortable with the Chairperson reviewing appointees; however, to change this would require an ordinance change. He explained the policy basically formalized current Town appointment process. Commissioner David approved of the policy formalizing the process of appointment. Commissioner Donaldson stated he felt there should be customized sections on the application for each particular board/committee. He suggested each member of the Board of Adjustment and Appeals be given a checklist to be reviewed prior to approving items which came before the Board. He suggested allowing the BOAA to develop its own checklist to be approved by Town Commission and Staff. Town Manager Labadie indicated steps were being taken in this direction. Commissioner David stated she felt the Financial Advisory Board Members should be required to have a financial background. She stated she felt prerequisite experience was less important for the other boards. Commissioner Gossett -Seidman indicated there were problems with boards not making quorum and asked if there were a way to require quorum attendance. Town Manager Labadie noted if chronic absenteeism became a problem the Town Commission could take steps. He agreed Board Meeting attendance was imperative. Commissioner Gossett -Seidman asked if setting quarterly meeting dates would alleviate the problem. Town Manager Labadie noted several boards had moved to set formalized meeting dates. He stated formalized meeting dates could be established for all boards and committees. Commissioner Gossett -Seidman stated she hoped to fill the boards with various types of Town homeowners (single family, condo, townhouse, etc.) and individuals should be restricted to serving only on one board at a time. She asked about Town Commission Members attending other Board Meetings and speaking. Town Attorney Torcivia stated Commissioners were not restricted to speak at Board Meetings; however, it should be understood a Town Commissioner's opinion held more weight than a general resident's opinion. He noted Commissioners should feel free to attend meetings, but should try not to speak if possible. Town Manager Labadie stated Commissioners should refrain from giving opinions in such a manner an undue influence was created upon the acting body. Mayor Zelniker asked if other municipalities paid advisory board members a $25 dollar stipend. Town Attorney Torcivia responded he was unsure; he believed it was mostly on a volunteer basis. The Consensus was to bring this Item forward with a resolution at the next Regular Town Meeting. Mayor Zelniker called for a five-minute recess. Town Commission Workshop Minutes Date: July 30, 2019 Page 12 of 19 D. Discussion regarding removal of an accessory structure when the principal structure is demolished. Town Manager Labadie discussed the history of this item. He stated the Town Planner suggested existing accessory structures be permitted to remain if structurally sound while property owners were in the process of building new principle structures; however, no use of the accessory structure would be permitted until completion of the primary structure, the lot would require fenced screening during the construction process, the lot would require landscaping maintenance, and a no trespassing sign was required. Commissioner David stated she felt the Town Planner's recommendations were reasonable. Commissioner Donaldson stated he disagreed with the fenced screening requirement; he felt this would be an eyesore. Town Planner McKinney stated the language could be adjusted; she did not wish any property to be an eyesore, but it was important to not allow such properties to be used as parking lots and such. Commissioner Gossett -Seidman noted the danger was not to the lot, but depending upon what remained on the lot, was potentially a danger to people due to unfilled holes, broken pipes, and dilapidated structures, as well as unmonitored docks. She stated these types of dangerous properties should be fenced. She stated no trespassing signs were important, with possible inclusion of a no trespassing sign posted on any dock areas. She asked about the dock in Toscana, which she believed was not owned by Toscana. Commissioner Donaldson responded the dock had its own separate HOA and he believed the dock was secured by fence and gate. Commissioner David stated there was a similar situation in Braemar Isle where the dock was privately owned. Commissioner Gossett -Seidman stated she felt it was important to determine how this proposed ordinance would affect existing docks and properties; otherwise, she approved. Mayor Zelniker stated Town Planner McKinney would review this ordinance with the Commission's comments in mind and bring the item back before Town Commission after revision. Town Manager Labadie agreed. E. Discussion on the existing and proposed process for reviewing marine facilities, such as docks, pilings, boat lifts, bulkheads and seawalls Town Manager Labadie reported there were various processes in Town Code regulating each of these marine facilities. He discussed the various processes. He recommended a single process which applied universally to the marine facilities. He asked for thoughts regarding a possible universal policy. He noted the Vice Mayor indicated he believed all marine facilities should be treated as any basic building request with an application to the building department, followed by Planning Board approval or the Board of Adjustment and Appeals if a variance was necessary. He stated Vice Mayor Babij believed the Planning Board and Board of Adjustment and Appeals should have final say for all marine facilities with the exception of a new multifamily development requesting a variance for a marine facility going before Town Commission. He indicated Vice Mayor Babij expressed confidence in the abilities of the Building Department, Planning Board and BORA. Town Commission Workshop Minutes Date: July 30, 2019 Page 13 of 19 Commissioner David agreed there should be standard procedures approved by Town Commission for residents to follow regarding marine facilities. Commissioner Donaldson agreed. Commissioner Gossett -Seidman agreed. She stated it was important to streamline the process. She stated she appreciated Town Planner McKinney's efforts in this regard. Mayor Zelniker agreed as well. She opened Public Comments and asked if any present wished to speak. Mr. Roger Brown stated his address was 4314 Tranquility Drive. He stated he did not know the specific changes in the ordinances and noted he would like to read the proposed changes. He noted he recently went through the process of new dock construction and unfriendly neighbors created difficulties for him. He stated he agreed the Building Department should have the right to approve building requests. He noted he did not understand why his request was required to go through the various committees for approval. He stated if a building request met code it should be approved. He noted the importance of being a good neighbor. He stated the approval process should be simplified. Mayor Zelniker asked why permit requests which followed code were required to come before the Planning Board for approval. Town Attorney Torcivia responded this was according to ordinance; however, the Town Commission had the right to change ordinance and allow permit requests to be approved at the Building Department level if said requests met code. Town Planner Mary McKinney reported some towns approved permit requests at the Building Department level and permit requests which did not meet code were sent before the Planning Board. She stated other towns required presentation to the Planning Board while others required presentation to the Planning Board and Town Commission. She reported other towns specified certain types of use went before the Planning .Board, such as a large boat lift or dock. She noted in her experience, most single-family lot building permits were approved at the Building Department level, while developments were referred to the Planning Board and Town Commission for review. Commissioner Gossett -Seidman stated most building permits fell in the grey area and were too open for interpretation and she felt all building permits should be reviewed by the Planning Board. She stated there were too many variables in the building process. She stated the decision making needed to be streamlined: Building Department to Planning Board to Town Commission. She stated it was important for Town Officials to review these types of requests as ultimately the Town Officials were responsible for Highland Beach. Mayor Zelniker stated residents should not have to wait for the Planning Board to meet for building permit approval if the request met all Town Code. She stated the Town of Highland Beach was a small town and should be highly resident friendly; residents should not have to wait months for a building permit. Commissioner David stated she believed if the requirements of building code were fulfilled there should be no delay in obtaining a building permit; residents should not have to "jump through hoops" to obtain building permits. She stated the Town had good Code in place and good Building Department Staff to review the Code and Town Commission Workshop Minutes Date: July 30, 2019 review applications. Page 14 of 19 Mr. Hillman stated he lived in Dalton Place. He noted until recently, the Town of Highland Beach had outsourced the Building Department, and had little confidence in the Building Department. He indicated the Town now had a competent Building Department which had better knowledge and ability in judging permit approval. He agreed the process should be simplified and the Building Department should have the right to issue building permits which met code. Mr. Brown stated he believed building permit requests should not go before Town Commission; he felt this was micromanaging. He stated the Building Department should have the ability to issue building permits. Commissioner Donaldson stated there were situations in which building permit requests needed to be reviewed by the Town Commission. He noted as a small town, the Town Commission had the ability to review permit requests and hold public hearings in this regard; however, he believed the Town Commission should clear some of the backlog of pending issues before broaching any new issues. Commissioner Gossett -Seidman noted over the years the approvals of building permits and decision making was inconsistent due to the lack of a cohesive building department. She stated it was important to simplify this process: Planning Board should review applications and Town Commission should review and approve or deny. She explained this would ensure two public meetings for each item, the Town Commission met twice monthly and there would be no delay once this process was in place. She stated it was important to make consistent decisions. Commissioner David stated it was impossible to ensure all decisions were consistent; however, consistency could be best achieved by allowing the Building Department and Town Planner to make the decisions. The Consensus of the Commission was to move forward with the proposed process regarding marine facilities. Commissioner Gossett -Seidman asked if there were any single family lots measuring less than 70 feet in Highland Beach. Town Planner McKinney responded she was unsure; there could be some older lots which were less than 70 feet. Commissioner Gossett -Seidman asked for Town Planner McKinney's opinion regarding the proposed process regarding marine facilities. Town Planner McKinney responded she felt it would be very good for the Town to have a consistent process for all marine facilities. Mayor Zelniker noted the issue of whether or not building permits should go before the Planning Board or be approved at the Building Department level should be discussed at a later date. Town Commission Workshop Minutes Date: July 30, 2019 Page 15 of 19 F. Discussion on appointing one Commissioner and one alternate Commissioner to serve on the Palm Beach County Intergovernmental Coordination Issues Forum. Town Manager Labadie reported Highland Beach had never participated in the Palm Beach County Intergovernmental Coordination Issues Forum; however, the Forum would like Highland Beach to participate. He explained this Forum was the next step in decision making from the Palm Beach League of Cities and he felt it would be beneficial for the Town to participate. He stated Vice Mayor Babij was not interested in being appointed. Mayor Zelniker asked if any Commissioners were interested. Commissioner Donaldson stated he felt Commissioner David would be a good candidate. Commissioner Davi Commissioner David serve as an alternate. d agreed to volunteer. Commissioner Gossett -Seidman agreed was an excellent candidate. Commissioner Donaldson volunteered to Town Manager Labadie stated this item would be on the Consent Agenda at the next Regular Town Commission Meeting. G. Discussion on Reorganizing Agendas and Online Agendas as needed Commissioner Gossett -Seidman stated she felt the Commission should have the ability to reorganize Agendas if residents were in attendance to allow residents to speak to issues early in the meeting without sitting through hours of other business. She noted it was difficult to find agenda items online due to the size of the agenda packets. She wished to structure agendas to be resident friendly. Town Manager Labadie reported Town Clerk Gaskins was working to find a vendor who could enable an easily navigable online agenda with embedded links to agenda items. Discussion ensued regarding changing the agenda format, and moving the minutes to the end of the meeting for approval as this would make online agendas more navigable in the interim. 12. PUBLIC COMMENTS AND REQUESTS - AGENDA ITEMS ONLY Mayor Zelniker asked if there were any Public Comments regarding Agenda Items; there were none. 13. TOWN COMMISSION REPORTS Commissioner David stated she had no report. Commissioner Donaldson reported on June 19, 2019 he attended a General Membership Meeting of the Palm Beach County League of Cities. He noted he was the sole representative of the Town of Highland Beach and he wished others would attend. He stated the Meeting included a presentation on emergency preparedness and lessons learned from Hurricane Michael in Mexico Beach Florida. He stated on the same date he attended a mini -seminar on tax collections regarding short term rental properties. He stated it was conducted by the Tax Collectors Office and the key take away was the Tax Collectors Office was looking very Town Commission Workshop Minutes Date: July 30, 2019 Page 16 of 19 closely at individuals who owned properties used for short term rentals and how this would affect the homestead exemption. He reported the Tax Collector built in flags in a cross platform with other agencies to determine when homeowners were not in residence for the required period of time to maintain the homestead exemption. He reported on July 19, 2019 he attended the second Florida League of Cities Policy Committee Meeting for utilities, natural resources and public works. He stated he heard several presentations regarding water quality and supply. He noted there was also a presentation on a water reclamation project at the 4G Ranches in Pasco County. He stated the Policy Committee decided to issue two policy statements: one concerning water supply and quality and the other concerning support for further action on increasing resiliency of infrastructure, including stormwater management. He stated refinements to the draft policy statements were being made by Staff and would come back one more time at the Florida League of Cities Annual Meeting for discussion one more time before going before the voting delegates for consideration of adoption. He stated the voting delegate was Commissioner Gossett -Seidman. He stated he received a handout and noted he left this with the Commission Office for review. He reported there was a presentation and discussion regarding a potable water project which was underway for the city of Altamonte Springs which had a similar plant to Highland Beach. He stated the outcome of this potable water project might have implications applicable to Highland Beach and the Highland Beach Water Plant. He stated he would attend the Florida League of Cities Annual Meeting. Commissioner Donaldson reported at the last Financial Advisory Board Meeting the Chairperson placed several items on the Agenda for which policy by this Commission had already been established; specifically, the topics of the Town Attorney compensation and lobbyist retention, which were already discussed and decided upon by the Town Commission. He stated this was concerning and crossed the boundaries of board chair responsibilities. He indicated revisiting policy without direction from the Commission was not good practice and he respectfully requested all Chairs refrain from doing so. Commissioner Gossett -Seidman stated she wished to briefly address Mr. Adwar's topics. She stated she agreed the beach cleanup committee could be reestablished. She stated it was impossible to establish a no wake zone along the Intracoastal Waterway; many efforts had been made in the past in this regard, but all were fruitless. She stated she agreed with increasing the landscaping budget to incorporate hardy native vegetation which would take less water and endure more sun, such as plumbago. Mayor Zelniker stated she had no report. 14. TOWN MANAGER REPORT Town Manager Labadie displayed the crosswalk flag sign which would be installed at the crosswalks utilizing flags. He stated within the next day or two the flag signs would be in place. He noted the Building Department was required to be self-sufficient (in regards to budget). He reported the Town had low water rates which were being reviewed with a water rate study. He stated the Town had made a substantial investment in the Water Plant and would protect that investment. He commended the Water Plant Operators. He noted Highland Town Commission Workshop Minutes Date: July 30, 2019 Page 17 of 19 Beach had the lowest water rates in the area. He noted Budget review was coming up. He stated it was true one third of Town taxes went to Fire Safety. He indicated this was a political contract and while there was technically no cap on the Fire Safety rates, he believed the rates were naturally governed by political realities and Highland Beach had the ability to protect its position through the court system if necessary. He stated this would be better reviewed during the Budget discussions. Town Manager Labadie apologized as he had to leave the Meeting early. Mayor Zelniker indicated no apologies were needed; Town Manager Labadie was excused. 15. TOWN ATTORNEY REPORT Town Attorney Torcivia reported in 2015/2016 the Commission became concerned the Delray Contract was expiring and the proposed increase was in the $600,000 -dollar range; therefore, the Commission appointed a task force (on which he had served), chaired by Carl Feldman, who was strongly in favor of leaving Delray to find a better contract. He stated in a search for a better provider of Fire Safety a Barrier Island Fire District Feasibility Study was conducted and funded by many municipalities in the area with the same concerns. He noted it was discovered, after much discussion with several other possible candidates, Delray was the least expensive option. He reviewed the other candidates, the discussions held, and the rates determined. He reviewed the results of the Barrier Island Study which indicated if the small communities worked together and employed one ladder truck, two engines, and three rescue trucks for the area, a $7 million -dollar investment would be required, and it would be very difficult to determine how much each municipality would pay towards the investment. He explained Delray was the only realistic option; however, if Delray's costs went up 5% then Highland Beach costs would go up 5% as well. He noted while there was technically no cap, Delray could not raise Highland Beach rates by 15% if Delray costs only went up 5%. He explained Delray Beach Commissioners wished to keep costs low just as Highland Beach Commissioners wished to keep costs low. He noted the contract was not perfect, it was a compromise, but it was the best compromise possible. He stated the contract was thoroughly vetted and negotiated. He stated fire safety costs were going up throughout the State of Florida, not just in Delray and Highland Beach. Commissioner David stated she was satisfied the contract with Delray Fire Safety was well negotiated. Commissioner Donaldson stated he did not believe Highland Beach was at a disadvantage in negotiations with Delray Beach. He stated Delray needed Highland Beach just as Highland Beach needed Delray. He stated going forward this needed to be a symbiotic relationship and Highland Beach did not need to be raising concerns which were unfounded. Commissioner Gossett -Seidman stated she had three cousins who were paramedics and fire fighters who opined it was difficult to launch a new service as the Unions were very heavy handed and controlled much of the business nationally. She noted HAZMAT was sent out to her street twice, once due to an improper demolition of a house. She asked if Highland Beach could bill construction companies for emergency calls due to negligence. Town Attorney Torcivia explained the response of Delray HAZMAT to a call did not cost the Highland Beach Town Commission Workshop Minutes Date: July 30, 2019 Page 18 of 19 tax payers any more or less; however, Delray had the right to possibly bill for calls due to negligence. Commissioner Gossett -Seidman asked if it would be possible to cap the contract rate with Delray Beach Fire Safety. Town Attorney Torcivia stated Highland Beach attempted to negotiate a cap; however, Delray was unwilling. He noted if Delray's costs went up then Delray had to cover said costs through whatever means possible; it was unfair for Delray residents to pay more than Highland Beach residents. He explained all residents who utilized Delray Fire Safety services paid the same amount of taxes equally. He noted it was impossible to predict future expenses and fire rates due to unknown outside factors, such as vehicle damage from accidents. Mayor Zelniker noted she did not know of a single resident in Highland Beach who did not want the Delray Fire Department to service Highland Beach. She stated Highland Beach had an older population, did not have many fires, and the Delray Beach EMS team was extremely proficient. She stated she believed the residents appreciated the Delray Beach Fire Safety Service; everyone wished to feel safe and secure. Mr. Hillman stated he lived in Dalton Place. He reported a couple of weeks ago he was playing golf with a retired Assistant Chief of Providence Rhode Island Fire Department. He noted he asked this gentleman how much it might cost to start a Highland Beach Fire Department. He indicated the retired Assistant Chief felt the Town of Highland Beach was paying an excellent rate with Delray Beach and could not possibly save money by opening its own fire department; opening a fire department with 22 employees could cost between $8 million and $10 million dollars annually. He reported Delray Beach allowed its employees to select work locations based on seniority; therefore, Highland Beach had the most senior, highly skilled, best trained fire fighters and EMS personnel, as Highland Beach was the most desirable work location. He stated currently Highland Beach had an excellent, working relationship with Delray Beach which he felt would benefit Highland Beach moving forward. Discussion ensued regarding the Barrier Island Fire District Feasibility Study and the municipalities involved. Town Commission Workshop Minutes Date: July 30, 2019 16. ADJOURNMENT Mayor Zelniker adjourned the meeting at approximately 5:03 p.m. APPROVED at September 19, 2019 Regular Meeting. ATTEST: Laneldh Gaskins, MMC, Town Clerk Page 19 of 19 Transcribed by TEI/he