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2019.08.06_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MINUTES Town Hall / Commission Chambers Date: August 6, 2019 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida 1. CALL TO ORDER Mayor Zelniker called the Town Commission to order at 1:30 PM and cautioned all to silence their cell phones. She acknowledged the Boy Scouts that were present and asked them to lead the Pledge of Allegiance. 2. PRESENT UPON ROLL CALL Commissioner Evalyn David Commissioner Barry Donaldson Vice Mayor Greg Babij Commissioner Peggy Gossett -Seidman Mayor Rhoda Zelniker Town Manager Marshall Labadie Town Attorney Glen Torcivia (arrived late) Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Mayor Zelniker spoke briefly about the recent mass shootings in El Paso, Texas and Dayton, Ohio, taking place less than a week after the Gilroy, California shooting. She asked for a moment of silence after the Pledge for the victims of "these horrific massacres." The Boy Scouts led the Pledge of Allegiance, followed by a moment of silence. 4. APPROVAL OF THE AGENDA Mayor Zelniker called for additions or deletions to the agenda. Commissioner Gossett -Seidman suggested combining the Light Up the Holidays with the 70th Anniversary Celebration as a joint celebration to save funds and time. That item was added under New Business. Mayor Zelniker requested that Item 12A be moved immediately following Public Comments, and the item would be called Item 7A. The item concerns the property across the street from the Town Hall. The Planning Board had provisionally accepted the subject application, but the Commission is required to approve a wall proposed as part of the application. No objections were made. Therefore, Item 12A was moved to 7A. Town Commission Regular Minutes Page 2 of 22 Date: August 6, 2019 MOTION: It was moved to accept the Agenda as amended (no second was recorded), and the motion passed unanimously by voice vote. 5. CIVILITY PLEDGE Town Clerk Gaskins read the Pledge of Civility into the record: 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 No presentations or proclamations were given. 7. PUBLIC COMMENTS AND REQUESTS — NON -AGENDA ITEMS ONLY Mayor Zelniker opened Public Comments, limiting speakers to five (5) minutes to speak on non -agenda items only, and instructed the Public on the proper protocol for such comments. Doug Hillman of 4748 S. Ocean Boulevard commented that Town Manager Labadie was able to get flags down to his development for the test for the crosswalks. They were brought in that morning and were already used, and Mr. Hillman stated that "they worked." The cars stopped 50 or 60 yards farther away than they have in the past. He promised to continue to "keep track" by talking to the residents to see how they like them and report back to the Town. He gave his thanks. Brian DeMoss of Braemar Isle commented that most of the agenda for the day was already accomplished by the Planning Board. He remarked that if the Planning Board had authority on the items, the Commission could "be out of here in a reasonable amount of time." He suggested the Planning Board be given vote authority so the Town Commission could "help yourselves." No other Public Comments were forthcoming. Mayor Zelniker read Item 7A into the record: A. Application No. 19-0342 / Applicant: Decoy Investment, LLC / 3615 South Ocean Blvd. Consideration of a request proposing to construct a courtyard and expand a driveway to accommodate more vehicles, extending into the area that is currently vacant. The location is 3615 South Ocean Boulevard, Highland Beach, Florida. The property contains a single- family residence and a vacant side yard. This will include installation of a double retaining wall, hardscaping, landscaping, a new entrance connecting to South Ocean Boulevard, Town Commission Regular Minutes Date: August 6, 2019 Page 3 of 22 and landscape lighting. This is a public hearing and a quasi-judicial hearing. Mayor Zelniker inquired if any Commissioners had any disclosures or had ex parte communications with the Applicant. Commissioner Donaldson acknowledged that the landscape architect on the project had served as a consultant to him in the past. Mayor Zelniker called for Commission discussion of the Application. Commissioner David's only comment was to "let them do it." Commissioner Donaldson stated the project had been approved through the Planning Board conditional on the Commission looking at the retaining wall, and he felt it looked fine. Commissioner Gossett -Seidman commented that she had heard from a Town resident who had not received notification on the project, even though her neighbor did. She promised to forward the matter to the Town Manager to find out what went wrong with the notification process, as at least two people overlooking the project did not get the letter of notice. There was concern about the height of the wall, and Commissioner Gossett - Seidman assured the concerned parties that the plans were available at Town Hall for anyone to review. She asked the Town staff to follow up on that matter. She thought the plans were fine and should upgrade the beauty of the current undeveloped lot. Vice Mayor Babii agreed with Mr. DeMoss that Planning Board should be handling this matter, not the Commission. Mayor Zelniker reminded him that in the Town Charter it holds that the Commission is supposed to approve "this particular part." Mayor Zelniker opened the meeting for Public Comments and the Town Clerk swore in the members of the Public as a group. Mayor Zelniker called for questions from the Commission for the staff, and there were none. Mayor Zelniker remarked she had the plan available if anyone would like to see it. She commented she was not a believer in cement walls, but it was approved and was within the Town Code. She expressed her preference for foliage over cement walls. She reminded those in attendance that the property was across the street from Town Hall. She asked if the current foliage would be removed to place the cement wall, and then new foliage installed. Debra Kropornicki identified herself as the architect on the project. She told the Commission the landscape architect, civil engineer, Applicant, and contractor were all present. She displayed the landscape plan on a board showing the walls and columns, and indicated the copious landscaping in front of the wall. She showed another board to illustrate the landscaping for the upper wall, and pointed out the lower wall landscaping Town Commission Regular Minutes Date: August 6, 2019 Page 4 of 22 as well. She remarked there would be more than one level of landscaping, and that the landscaping budget is 25% of the construction cost of the project. She told the Commission they planned to reuse the coconut palms if they can be transplanted, and the current hedges are low quality so a better hedge will be installed. The wall will have a precast railing on top that matches the existing house. Mayor Zelniker opened the floor for Public Comments, and there were none. The Public Hearing was therefore closed. MOTION: Commissioner David moved to approve Application No. 19-0342, Applicant: Decoy Investment, LLC, 3615 South Ocean Blvd. Vice Mayor Babij seconded the motion. UPON ROLL CALL: Commissioner David - Yes Vice Mayor Babij - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Mayor Zelniker read the announcements: A. Board Vacancies/Interviews 1. 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. B. Upcoming Meetings and Events 1. Planning Board Meeting — August 15, 2019 — 9:30 AM. 2. Town Commission Special Budget Meeting — August 20, 2019 — 12:00 PM. 3. Town Commission Workshop Meeting —August 27, 2019 — 1:30 PM. Town Commission Regular Minutes Date: August 6, 2019 Page 5 of 22 4. Town Commission Special Budget Meeting — August 29,2019 — 12:00 PM (Optionao. 9. ORDINANCES AND RESOLUTIONS Mayor Zelniker read Item 9 into the record: A. PROPOSED ORDINANCE / VACATION RENTALS (SECOND READING) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENACTING CHAPTER 34, "REGULATION OF VACATION RENTAL UNITS," TO PROVIDE FOR REGULATIONS REGARDING VACATION RENTALS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING WAS JULY 29 2019.) Town Manager Labadie remarked that the Planning Board reviewed the item on April 10 and May 8. A first reading was done July 2. There had been extensive conversations regarding vacation rentals over the past six months. With the second reading, the ordinance will go into adoption and that gives 180 days (or less) for the Town to come up with procedures, a fee schedule, and bring to the Commission any other elements that correspond with the ordinance. The Town Planner would work to get those together and the Town would start circulating drafts for review to get the formalities of the program in place. Commissioner Gossett -Seidman reminded the Commission that it has taken one year to get this ordinance to this point, and she called for greater speed and efficiency in passing ordinances in the future. Commissioner Donaldson commented that there was a delay because the Florida Legislature considered taking action at the state level, but he agreed the process needs to be speeded up. He stressed the Town was taking a strong position at the Florida League of Cities that this is a local home rule issue, and that is where it should stay. There is no way of knowing what the State will do, but the framework will be in place for the Town to take care of itself, as other towns take care of themselves. He is happily anticipating moving this forward. Commissioner David commented that the ordinance clearly reflects the Commission discussions and she feels it should be passed. Mayor Zelniker opened the floor to Public Comments, instructing the Public that they would be limited to three minutes on the current item only, and reminding them of the correct protocol for addressing the Commission. No public comments were forthcoming, and the Public Hearing was therefore closed. Town Commission Regular Minutes Page 6 of 22 Date: August 6, 2019 MOTION: Commissioner Gossett -Seidman moved to adopt the proposed Ordinance on second reading. Commissioner David seconded the motion. UPON ROLL CALL: Commissioner Gossett -Seidman - Yes Commissioner David - Yes Commissioner Donaldson - Yes Vice Mayor Babij - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. Mavor Zelniker read the Item 9B into the record: B. PROCESS PROPOSED ORDINANCE / CERTIFIED MAILINGS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 30-46 "PUBLIC NOTICE" AND SECTION 30-68 "SUPPLEMENTAL DISTRICT REGULATIONS" OF THE TOWN CODE OF ORDINANCES, TO PROVIDE FOR FIRST CLASS MAILING INSTEAD OF CERTIFIED MAIL NOTICE FOR PUBLIC HEARINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie stated that for various reasons, such as effectiveness, cost, and speed, and to ensure better notice, as certified mailings were sometimes getting caught up at the Boca Raton post office, the Town wished to use first class mailing for notices of public hearings. The Planning Board agreed but suggested the 300 -foot notice distance be changed to 500 feet. The impact on cost is relatively minor. On first reading, this can be modified so the 500 -foot distance can be reflected on second reading. Commissioner David asked why the 500 -foot distance was recommended. Town Planner Mary McKinney explained that the Board felt that 500 feet was more comprehensive. Commissioner David agreed that 500 feet was reasonable and recommended passing the ordinance. Commissioner Donaldson agreed that changing to 500 feet does not encompass that many more people and he felt it was good to be more inclusive. He backed the ordinance with the 500 -foot stipulation. Commissioner Gossett -Seidman agreed. However, she asked if there was consideration for parking. Should one be 500 feet or 1,000 feet away from his or her separate lot, would one have to walk or would they be allowed parking near their lot. Vice Mayor Babii reminded her the issue was first class mailing, not unity of title. Commissioner Gossett - Seidman agreed with everyone on the mailing issue. Town Commission Regular Minutes Date: August 6, 2019 Page 7 of 22 Vice Mayor Babij asked if the Town knew the notification distance for Delray and Boca Raton. Ms. McKinney explained they did not specifically look up that information, but typically most communities use 300 feet. Vice Mayor Babij asked if that information could be obtained, and Ms. McKinney said it could be done. Mayor Zelniker mentioned that in her own building, a notice went out about a dock, and some people who were not impacted got the notice, and others who were did not get it. She mentioned that first class mail would be forwarded up north for those who are not in Highland Beach in the summer. Mayor Zelniker opened the floor to Public Comments. Eric Goldenberg of the Regency and a member of the Planning Board explained that the reason the 500 feet change was recommended is they wanted to be more inclusive, not less inclusive, and considering the cost of certified mail versus first class mail, the change shows the Commission and Board members are more inclusive and everybody gets notification. Commissioner Gossett -Seidman commented that she had heard from a member of the public about notices not being received properly, and she asked if there was any downside in making the change to notice distance. She recounted the history of bringing the vote back to the Commission for the Board of Adjustments and Appeals second level vote, and how it required two sets of certified letters, which was upsetting to the neighbors. She reiterated that they did not see the downside the last time something like this was changed, so she wanted to make sure there was no downside with the proposed change. Mr. Goldenberg commented he felt there was an upside to changing to first class mailings, since they will be forwarded. He repeated the 500 -foot distance makes the notice more inclusive, which should eliminate problems such as the Mayor just recounted, about one side of the building getting notice and not the other side. The 500 -foot distance will make the process more open and transparent. Town Planner McKinney agreed. Commissioner Gossett - Seidman remarked that she forwarded the letter she received to the Town Manager, so he could send it to the Commissioners for their information. Mr. Goldenberg repeated he believed the new notice distance will solve the sort of issue raised by that person. No further public comments being forthcoming, the Public Hearing was therefore closed. MOTION: Commissioner David moved to adopt the proposed Ordinance on first reading with the stipulation that the notice distance be expanded to 500 feet. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner David - Yes Commissioner Gossett -Seidman - Yes Commissioner Donaldson - Yes Vice Mayor Babij - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. Town Commission Regular Minutes Date: August 6, 2019 Mayor Zelniker read Item 9C into the record: Page 8 of 22 C. PROPOSED ORDINANCE / PRINCIPAL STRUCTURE AND ACCESSORY STRUCTURE AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES, CHAPTER 30 "ZONING CODE" SECTION 30-68, "SUPPLEMENTAL DISTRICT REGULATIONS" TO ALLOW FOR A SEPARATION BETWEEN A PRINCIPAL STRUCTURE AND AN ACCESSORY STRUCTURE UP TO 1,000 FEET AND FOR OTHER PURPOSES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie remarked that on June 25, the Town looked at the initial research to see what the adjacent communities were doing on this issue. Staff recommended 500 feet based on some existing conditions in the Town, but the Commission wanted 1,000 feet, the same as Boca. That recommendation was moved to the Planning Board on July 10. The matter was approved at 1,000 feet. The creation and approval of unity of title was also clarified at that meeting. Commissioner David stated the proposed ordinance will help move things along while not affecting a huge number of lots in Town, and agreed the 1,000 feet makes sense. Commissioner Donaldson agreed the ordinance helps clarify some issues that have recently popped up and remarked he looks forward to hearing public comments. Commissioner Gossett -Seidman repeated her question about parking. If one has a home 1,000 feet away, and one wants to park at his or her lot, can one drive and park on the lot? Town Manager Labadie remarked that if the lot is vacant and one needs an accessory structure, they would have to go through the special exception process, which then goes to the Planning Board and then the Town Commission for approval. The special exception process was left in place to cover unforeseen circumstances. That two-step process will still be required. Commissioner Gossett -Seidman remarked that the goal seems to be to assist residents with their needs regarding their own properties without making hard and fast rules, and thanked the Town Manager for the clarification. Vice Mayor Babij believed the ordinance was ready to be "served up on a plate." Mayor Zelniker stated she had no problem with the ordinance, and opened public comments for the item. Eric Goldenberg from the Planning Board asked how the 1,000 feet would be measured, and recommended the measurement be from the lot line and also that the ordinance state that expressly. Town Manager Labadie quoted from the proposed ordinance, "...measured from the closest boundary points..." which he believes clarifies it. Mr. Goldenberg asked what 'closest boundary point' means, and Town Planner McKinney Town Commission Regular Minutes Date: August 6, 2019 Page 9 of 22 explained it was the boundary of the lot that is the closest point to the boundary of the accessory lot. Mr. Labadie further clarified it meant the "two closest points of the two lots." Mr. Goldenberg was satisfied with the explanation. No further public comments being forthcoming, the Public Hearing was therefore closed. MOTION: Commissioner David moved to adopt the proposed Ordinance as written. Vice Mayor Babij seconded the motion. UPON ROLL CALL: Commissioner David - Yes Vice Mayor Babij - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. Mavor Zelniker read Item 9D into the record: D. PROPOSED ORDINANCE / CERTAIN STRUCTURES AND ITEMS IN SETBACK AREAS AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING," AMENDING ARTICLE IV "ZONING DISTRICTS," SECTION 30-66 "OTHER REQUIREMENTS," TO MODIFY THE 1 REQUIREMENTS TO ALLOW CERTAIN STRUCTURES AND ITEMS IN SETBACK AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie gave some background on the issue. The original goal was to expand and clarify the types of accessory structures and encroachments that would be permitted in a series of residential classes within zoning districts based on existing conditions. The first version was created in November of 2018, then more changes were made in January 2019. After Commission feedback, the ordinance went to the Planning Board on July 10. The staff provided a corrected version for today's meeting. He read: "Air conditioning, pool heaters, pool equipment, heat pumps not exceeding five feet from the finished grade in height can be seven feet to the closest property line." There was information on stairs and steps, "no closer than seven feet." Additionally: "Electrical meters, fuse boxes, anything attached to the exterior wall cannot protrude more than two feet out." A second class includes "fences, walls, hedges, permanently installed generators" at seven feet, and remarked "buried propane tanks have to be ten feet" but after discussion that was changed to seven, and in fact that issued needed to be discussed at today's meeting. "Anything that emits noise, emissions, odors, fumes require landscaping Town Commission Regular Minutes Date: August 6, 2019 Page 10 of 22 to minimize those items." "Repair or replacement of existing equipment and structures within the setback is allowed." The equipment must be replaced in the same location and be the same size and not additionally encroach. Mr. Labadie stressed this was a first read and that the buried propane tank, 2C, second sentence, "no closer than ten feet" was to be changed to seven feet to keep it consistent. Vice Mayor Babij agreed that seven feet for buried propane tanks was reasonable. Commissioner David agreed with the seven feet, and reminded the Commission the goal was to make life easier for the people who live in the Town to enjoy their homes and their property, and recommended passing the ordinance. Commissioner Donaldson agreed with the seven feet for the propane tanks, and he believes the change will help streamline the process for people involved in projects, reducing the number of times they have to come back for small items. He believes the citizens of Highland Beach will be greatly benefited. Commissioner Gossett -Seidman spoke a little about the history of the ordinance, stating in 2015, people from Bel Lido had complained about items in setbacks such as barbecue grills and fountains without proper procedure, and the rule at that time was nothing was allowed in setbacks. She believes the subject ordinance allows the right things to go into the right places so everyone knows how to proceed, and she thanked the staff for bringing it to this point. Mayor Zelniker also agreed, wondering how the ordinance had to be changed to read seven feet, and Mr. Labadie said it could be done with the motion process and on second reading it would be correct. No further public comments being forthcoming, the Public Hearing was therefore closed. MOTION: Vice Mayor Babij moved to adopt the proposed Ordinance on first reading with the indicated ten feet for propane tanks being changed to seven feet. Commissioner David seconded the motion. UPON ROLL CALL: Vice Mayor Babij - Yes Commissioner David - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. Mayor Zelniker read Item 9E into the record, explaining to the Boy Scouts in attendance that the meeting contained a lot of ordinances to vote on, which resulted in changes to the Town laws. Town Commission Regular Minutes Date: August 6, 2019 Page 11 of 22 E. PROPOSED ORDINANCE / COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ITS COMPREHENSIVE PLAN BY PROVIDING FOR THE AMENDMENT TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND COASTAL MANAGEMENT -CONSERVATION ELEMENT PURSUANT TO FLORIDA STATUTES FOR THE PURPOSE OF CLARIFYING THE FUTURE LAND USE MAP AND IMPLEMENTING REGULATIONS REGARDING ENVIRONMENTALLY SENSITIVE LANDS AND SEA LEVEL RISE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR DIRECTIONS TO THE TOWN CLERK; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie turned the summary over to the Town Planner and consultant. Town Planner McKinney indicated a projection of the land use map that had been talked about at a previous meeting that has areas of overlay with little green 'frogs' that were labeled 'potential conservation' areas. The Commission approved the removal of the 'potential conservation' overlay so it would be clear what the land use was for development. The rest of this amendment contains changes to the coastal management - conservation element, which the Planning Board worked on to bring forward to the State. Once the Commission approves the amendment, it will be sent to the Department of Economic Opportunity and other agencies, they will review it and provide comments, after which a second reading will be held. The amendment probably would not come back for six to eight weeks. Commissioner David and Commissioner Donaldson had no comments or questions. Commissioner Gossett -Seidman asked about the other wetlands in the Town whose ownership had not been identified and wondered if that had been done. Mr. Labadie mentioned the Planning Board decided ownership was inconsequential to the action required for this amendment, since only an overlay was being removed, and that information was needed to move forward. Property ownership data will be more easily available in the near future when the GIS can be accessed. Commissioner Gossett - Seidman recommended doing that due to the vast expanse of wetlands in question, and if they are town, county, state, or privately owned. Vice Mayor Babij commented he was glad the moratorium initially proposed did not go forward. Mayor Zelniker expressed the desire not to hold up the ordinance, and opened the floor to public comments. No public comments being forthcoming, the Public Hearing was therefore closed. MOTION: Commissioner David moved to adopt the proposed Ordinance on first reading and Town Commission Regular Minutes Date: August 6, 2019 Page 12 of 22 send it to the applicable state agencies. Vice Mayor Babij seconded the motion. UPON ROLL CALL: Commissioner David - Yes Vice Mayor Babij - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. Mayor Zelniker read Item 9F into the record: F. PROPOSED ORDINANCE / TOWN COMMISSION WORKSHOP MEETINGS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION," ARTICLE II "TOWN COMMISSION," SECTION 2-28 "RULES OF PROCEDURE," TO REMOVE THE NECESSITY FOR HOLDING A TOWN WORKSHOP ON THE LAST TUESDAY OF EVERY MONTH; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie remarked that on June 25th the issue was brought forth that the Town Workshop format was not effective for making progress on the Town's agendas, since no action could be taken at those Workshops. Additional Commission meetings can be scheduled but the time was left open in the ordinance. A yearly meeting schedule will be adopted so everyone can look at their calendars and the option of scheduling a first and third Tuesday would be discussed. One idea is to mirror what Delray and Boca do, giving a little break in the July time period for vacations and the like. That schedule will be developed, but the change in this ordinance means all meetings will be action meetings so the agendas can move forward, and any debate can close with a motion to give staff a clear, concise direction with return dates and other actions directed by motion. This would mark the first reading, with a second reading on September 3rd, around which time a schedule will be approved for the following term. Commissioner Gossett -Seidman asked if the July break could also be for Boards, as several Board members are out of town in the summer. Mr. Labadie remarked since Advisory Boards are extension of the Commission, the Commission could make that direction. He cautioned that residents might be anxious at times to get things done over the summer, and also certain State actions are required by the end of July, so those items will need to be moved up in the schedule. Commissioner Donaldson remarked that the proposed ordinance will help the Commission's efficiency and agrees that any compelling issue can cause a meeting as Town Commission Regular Minutes Date: August 6, 2019 Page 13 of 22 needed, but the subject ordinance gives them latitude to take action when it is needed. He thanked the Planning Board for moving swiftly on the previous item, and remarked that the "orderly fashion" was the way the Town should work. He supports the ordinance. Vice Mayor Babij agrees that the ordinance will make the Commission more efficient. He mentioned the biggest risk was more voting meetings could result in a tendency to rush decisions, but since public comment comes into every agenda item now, the Public can help make sure that motions do not get passed unnecessarily quickly. He favors the ordinance. Commissioner David agrees with the ordinance, finding the workshop meetings useless. All meeting should be voting meetings. Mayor Zelniker thanked Vice Mayor Babij for the suggestion and supports it. Commissioner Gossett -Seidman asked why it was set up as it was in the past. Mr. Torcivia remarked it was that way before he arrived and did not know the history. Mayor Zelniker mentioned it was written in the Town Charter, but Mr. Labadie stated it was not in the Charter, but rather in the administrative provisions of the Code of Ordinance that established the workshop. Mayor Zelniker reiterated her support for the ordinance and opened the floor for public comments. Eric Goldenberg of the Planning Board voiced support for the ordinance, calling it "a very effective way to work." The workshops, he felt, put undue pressure on the Commission and residents who wanted to speak. In the case of the Boards taking time off in July, some serious issues were taken up in that month and dealt with successfully, and if there is no quorum, there will not be a meeting. He urged the Board meeting schedule to remain as it was. Doug Hillman of Dalton Place remarked on his support for the ordinance. He said he had never served on a board or gone to a board meeting where decisions were not made, so such meetings were a foreign concept to him. He suggested that the Commission could always table making a decision, so it was not necessary to feel forced into a decision. It could be tabled so more information could be collected, and a decision made at the next meeting. With the new change, issues can be moved through more rapidly, giving more time for better management. As there were no further public comments, the Public Hearing was closed. Vice Mayor Babii demurred on taking credit for the idea, and instead gave credit to Mr. Labadie for the idea. Mr. Labadie explained other towns did it that way, always taking action and being able to make distinct motions to take a topic to the next level. Mao Zelniker remarked the Congress should come back from August recess because of all the issues in the country. MOTION: Vice Mayor Babii moved to adopt the proposed Ordinance as written. Commissioner David seconded the motion. Town Commission Regular Minutes Date: August 6, 2019 UPON ROLL CALL: Vice Mayor Babij - Yes Commissioner David - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. 10. CONSENT AGENDA Mayor Zelniker read Item l0A into the record (fully reproduced below): 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 Page 14 of 22 B. Nomination to Appoint Ilyne Mendelson as a member to the Planning Board to serve an unexpired term ending August 31, 2020. C. Nomination to Appoint Richard Bailyn as a member to the Board of Adjustment and Appeals to serve an unexpired term ending November 1, 2019. Mayor Zelniker opened the floor to public comments on the Consent Agenda. As none were forthcoming, the Public Hearing on this item was closed. Mayor Zelniker remarked that after nominating Ilyne Mendelson to the Planning Board, the Commission received an email from Golden City, suggesting that due to a conflict, the Commission should not nominate her. Mayor Zelniker felt that email was "inappropriate" and wished that comment to be part of the record. MOTION: Commissioner David moved to accept the Consent Agenda as presented. Commissioner Donaldson seconded the motion. The motion passed unanimously by voice vote. 11. UNFINISHED BUSINESS There being no unfinished business. 12. NEW BUSINESS A. Proper Behavior of Advisory Board Members. Town Commission Regular Minutes Date: August 6, 2019 Page 15 of 22 Commissioner David had requested this Agenda item. She remarked that she had attended the last meeting of the Financial Advisory Board and was "appalled" at the behavior of the Chairman. She felt he overstepped the bounds of what the Financial Advisory Board is supposed to do. He brought in someone to promote their own company as a lobbyist after the Commission had already decided not to look for a lobbyist. Should the Commission want that in the future, it is up to them to bring it up, not the Financial Advisory Board. He also made comments about a contract the Commission had already decided on. His behavior then became combative with the Town Attorney, his facts were inaccurate, and she felt he presented a poor example of the Town government. At the least he should be stripped of his Chairmanship, and in fact she recommended he be removed from that Board altogether. Commissioner Gossett -Seidman watched the meeting videos and did see the altercation. She has always been in favor of talking out differences and being friendly to your neighbor and so was not happy with the behavior she saw. In past Commission and Board meetings, there have been persons who did not behave in a professional manner and no action was taken in the past. She recommended the Commission consider what to do when someone "steps out of bounds," whether it be on the Commission, a Board, or even staff. Commissioner Donaldson mentioned that he had concerns with policy decisions being second-guessed. He agreed the behavior was disturbing as well, though his focus was more on the policy issue. He felt it was up to the Board to decide who served as their Chair. He noted that the Board members served at the pleasure of the Commission, and was not pleased by the situation. He felt the Financial Advisory Board was the most important of the committees in helping the Commission take care of business, so he was disappointed at how disturbing the meeting was. Vice Mayor Babi ' agreed with Commissioner Donaldson, and as the former Chair of the Financial Advisory Board, he had a lot of thoughts about it. He believed thoughtful disagreements and debates are healthy for the Boards as important parts of the legislative process; however, he felt a line needed to be drawn between thoughtful disagreements and lack of professionalism. Boards have the ability to replace Chairs or Vice Chairs themselves by the motion process. Nothing had been heard from them on that. Advisory Boards can also petition the Commission to remove a violator, and that had not been done. The Commission could proactively provide a warning to a violator, but he was in favor of giving the Advisory Boards autonomy. The Commission should not tell them what to do, but should support them if they ask for help. He complimented Town Attorney Torcivia on the depth of information he provided at the meeting in question and thanked him for keeping composed, as he relayed the details. Mr. Babij felt that if the Board wanted the Commission to step in, they should let the Commission know. Mayor Zelniker wondered what happened to the notion of civility. She did hear from residents by email and phone and also someone from that Board about the meeting in question. Several issues were a problem. First, one of the Board members came in late. Important meetings like that one, with the budget coming in July and August, were a commitment and a responsibility. She remarked that she was shocked at some of the Town Commission Regular Minutes Date: August 6, 2019 Page 16 of 22 behavior of the Chairperson. She was told there was a lobbyist there who was a crony of the Chair, and that was crossing a line. The job of an Advisory Board is to make suggestions to the Commission or the Town Manager, not do interviews. She recounted how the Chair, instead of doing the budget first, was trying to get the Town to use the lobbyist after the Commissioners had said they were not going to do that. She told how someone on the Committee said the Town was one of the highest per capita municipalities with all private beaches — how can the Town get money from the local, state and federal government when there are major cities like Riviera Beach that really are in need of funds? The anger of the Chairperson was disconcerting. The lobbyist verbally attacked the Town Attorney. She felt it was not right to accept bullying like that. Commissioner Donaldson remarked that the Chair did make a special trip to come back for that meeting and wanted to acknowledge that. Mayor Zelniker asked the Town Attorney what action the Commission could take. Town Attorney Torcivia explained there were two ordinances — the first creates the Financial Advisory Board, and Section 2-98 deals with removal of board members for any advisory board. That ordinance indicates that "a member of a board shall serve at the pleasure of the Town Commission, notwithstanding that the member's appointment may be for a specified term... No member derives any property rights in their position on the board." He stressed that the members of any Board serve at the pleasure of the Commission. Commissioner David pointed out that the gentleman in question made overtures to outside consultants saying he represented the Town when he did not. He also shut down other members of his own Board, so they could not speak. He handed over his gavel so he could make a motion because no one else wanted to make it. She felt "at some point, we have to say enough" and take steps, because it was not appropriate behavior. Mayor Zelniker opened the floor to public comments. None were forthcoming. Vice Mayor Babii suggested the Town Manager might have some insight, as he deals with Advisory Boards quite a lot. Town Manager Labadie assured the Commission they should not worry about staff behaving badly, that it was his job to take care of that "quickly, swiftly, and properly." He remarked that he worked for the Town Commission and tried to help residents with requests, to help Commissioners or general residents work through stuff, but at the end of the day, direction comes to the Town Manager from the Commission. He wanted to stress that he does not technically report to the Advisory Boards, though he will go out of his way to help them. He confirmed it was possible to remove the person. He agreed it was probably not a good idea for the Commission to appoint a Chair. A reprimand was an option, a formal reprimand that the behavior will not be tolerated. It might be wise to clarify "rules of engagement," what you can or cannot do. He remarked that if the Commission has taken an action as the governing body and if the Advisory Boards try to go around it or disregard it, that could be clarified with rules of engagement. When the Advisory Boards recommend courses of action, it is still up to the Commission to tell the Town Manager to go do it. He suggested a little bit of caution, but from what he was hearing, at a minimum a reprimand could be issued, a statement of the Commission that the behavior was not going to be tolerated and it cannot continue. Town Commission Regular Minutes Date: August 6, 2019 Page 17 of 22 Commissioner Gossett -Seidman asked the Town Attorney to weigh in on what other municipalities do, as she had witnessed Town of Riviera Beach meetings that were contentious. Town Attorney Torcivia remarked that generally one doesn't have Chairs of committees that "go off on their own," and of all the things he heard, what concerned him was the waste of time of staff and fellow Board members. The Agenda from that meeting shows the budget presentation as the first item. That was the purpose of the meeting, and the one Board member who made the quorum announced he had to leave early. So, it was a waste of time to go through discussion of items that were not within the authority of the Financial Advisory Board Chair such as attorneys' fees, the Delray contract, the RFP, and going after grant money with lobbyists. The duties of the Financial Advisory Board are the audit, the budget, and performing special studies on the Board's initiative, not the Chair's initiative. He was surprised on seeing the agenda that staff was directed to spend time on these items, given how limited staff time is, which he jealously protects. Staff time should not be spent on tracking down one person's agenda. If someone wants something on the agenda, bring it up the Board, and the Board will direct the staff to spend time on it. He does not believe the Financial Advisory Board was ever directed to get into the areas they did. Vice Mayor BaH agreed talking to lobbyists was never part of what that Board did (given he was previously Chair of that Board), but rather time was spent on insurance and looking at contracts from a financial perspective. But it was never a chair, vice chair, or a single member directing the agenda — the Board would make a motion whether they wanted to do something or not. If the Board wanted to go forward, the request would be sent to the Commission, and then the Commission would say yea or nay. Mr. Torcivia stated again how troubling it was that one person thought he could direct these "different things." Everyone saw the emails about how the individual was providing legal advice to the Town and seeking opinions from other people, and it is disconcerting. Options range from reprimand to removing him from the Board, or the Commission could choose to do nothing. Mayor Zelniker allowed public comments on the issue at this time. John Boden of 347 S. Ocean Boulevard stated it was difficult to describe poor behavior but "we know it when we see it." Eric Goldenberg of the Regency was at the meeting, and the meeting was "a real cluster." He assumed the purpose would be to focus on the budget and to assist the Commission on that important issue. Nothing could be done because there was no quorum. The Chairman is a personal friend, but that is not relevant to the comments he is making. The beginning of the meeting was frenetic, and the Board tried to change the agenda. The confrontation between Mr. Hillman and the Chairman was uncalled for, and the present discussion is an effective way to sanction the behavior. No discussion could be had on the budget because of the tardiness of one member. It was "a crazy meeting," and Mr. Hillman handled himself well. The current discussion is an effective way to "just let this move on" and that would be considered a sanction for the behavior of the Chairman. Town Commission Regular Minutes Date: August 6, 2019 Page 18 of 22 Doug Hillman of Dalton Place did not feel it appropriate to discuss this on the podium. The Chairman and he are both running for mayor, so he did not want to get into the issue, but he did not think the debate between the Chairman and himself is relevant. A lively debate was held, the Chair cut him off a few times, but it was merely a lively debate. He did not feel his part of the meeting was relevant to the discussion, and wished to "back off." Mayor Zelniker addressed the Boy Scouts, saying "this is about bullying." Nobody should be bullied, and when a decision is made to bring someone in to talk to an Advisory Board, they should have permission from the other members. Commissioner David reiterated her distress at what happened, but would like to hear what the others think should be done, to prevent this from happening in the future. Commissioner Donaldson summarized the three options: reprimand, resolution better defining "some items," or removal. He feels that Board Chairs should have latitude to set their own agendas and conduct their business. A level of trust needs to be maintained, so a resolution dictating certain behavior is not appropriate. He felt loathe to remove anyone. However, he does see a pattern. This is not the first incident. Between the three options, he would choose removal. Commissioner Gossett -Seidman remarked she was not aware of any previous incidents, and believes in giving people chances. She asked if there was a previous incident where the Chair had an altercation. Commissioner Donaldson replied, "Not as Chair." She was not in favor of removing him. She suggested a phone call by the Town Manager or a letter signed by the Commission that the behavior will not be tolerated. She quoted Ruth Bader Ginsberg: "You can disagree without being disagreeable." She felt the Commission tried hard to do that very thing. She advocated sending that quote in writing to every Chair and every Board. However, if the Finance Board were to petition the Commission to remove the Chair, she would consider it. She cannot judge on just one situation. Vice Mayor Babij agreed with Mr. Boden, but to make a resolution on bad behavior is not possible and a waste of time. Boards can tell the Commission what they want. If the Board wants the Chair replaced, they can do that. If they want the Commission to do that, they should let it be known. The Commission is not their parents, the Board members are adults and should be treated as such. If they ask for help, they should be given help. Mayor Zelniker confirmed that when Mr. Polin was writing to the Town Planner, he represented himself as the lawyer for the Town, and that was not appropriate. Commissioner David believed he said he was "helping with legal advice." She asked that the Town Manager send a letter to the attorney that Mr. Polin contacted to make sure that it was understood that Mr. Polin was not giving legal advice and that advice should not be acted on. Town Attorney Torcivia read the actual quote: "As discussed, I am involved with providing legal guidance and help to the Town of Highland Beach, given the town is now my home town." Mr. Torcivia wrote to make sure the person did not think he would be compensated for his guidance. Mayor Zelniker added that he said the Town Planner had asked him to make that representation, and Vice Mayor Babb said an email was provided showing that she had actually done so. Town Commission Regular Minutes Date: August 6, 2019 Page 19 of 22 MOTION: Commissioner David moved that, although she would prefer removal, at this time the Chair of the Financial Advisory Board receive a severe reprimand, with the stipulation that if there is another incident, he will be removed. Commissioner Donaldson seconded the motion. Mayor Zelniker asked how to accomplish the task, and Town Manager Labadie stated that a letter would be drafted, reviewed by the Town Attorney, and the Mayor would sign it on behalf of the Commission. Vice Mayor Babf suggested the motion be tabled to "hear what the Board wants." Commissioner David stated she would prefer not to table it. Commissioner Donaldson agreed that the Board can come to the Commission with a request, and the present motion would allow a reprimand without cutting out the Board by removing the Chair. Commissioner Gossett -Seidman asked for a compromise — leave the motion as is, but copy the Board members, which would bring in Vice Mayor Babij's point. The behavior was not appropriate. The political side has to be acknowledged, that the individual is running for Mayor. The Commission is not happy with the situation, but by copying the Finance Board members on the letter, their feedback could be obtained. The Commission does not want to tolerate bad behavior and wants the Town to keep moving forward. The motion was repeated for clarity: MOTION: To issue a reprimand that will be drafted by the Town Manager, signed by the Mayor, and sent to the Financial Advisory Board members, and within the letter the Board members will be asked to advise the Commission of thoughts, comments, and suggestions as to the matter. UPON ROLL CALL: Commissioner David - Yes Commissioner Donaldson - Yes Commissioner Gossett -Seidman - Yes Vice Mayor Babij - No Mayor Zelniker - Yes Motion carried on a 4 to 1 vote with Vice Mayor Babij dissenting. B. 70th Birthday of the Town and Holiday Event Commissioner Gossett -Seidman stated that given budget considerations, she suggested combining the Light Up the Holidays with the 70th Anniversary of the Town into a double event. This would ensure a good turnout. She sought help organizing the event since the person who used to do a lot of the work had since retired. Commissioner David commented that it was a fine idea that she agreed with. Town Commission Regular Minutes Date: August 6, 2019 Page 20 of 22 Commissioner Donaldson agreed it was a good idea and it should be moved forward. Vice Mayor Babij advocated saving money in this way. Mayor Zelniker mentioned that notice had been sent to the Town and that Harry Adwar did volunteer for the project. MOTION: Commissioner Gossett -Seidman moved that the celebrations for Light Up the Holidays and the 70th Anniversary of the Town be combined and take place December 5th, and that help for the event be solicited. Commissioner Donaldson seconded the motion. Commissioner Gossett -Seidman - Yes Commissioner Donaldson - Yes Commissioner David - Yes Vice Mayor Babij - Yes Mayor Zelniker - Yes Motion carried on a 5 to 0 vote. 13. PUBLIC COMMENTS AND REQUESTS — AGENDA ITEMS ONLY No public comments were forthcoming. 14. TOWN COMMISSION REPORTS A. Commissioner Evalyn David. Commissioner David had nothing to report. B. Commissioner Barry Donaldson. Commissioner Donaldson acknowledged the Boy Scouts and welcomed them. He took a raised hand vote of who in the room had been in Girl Scouts or Boy Scouts, and several raised their hands. He praised those organizations, especially at this time when the country was struggling with moral issues, stating those young men and women will make a difference in the future. Commissioner Donaldson went on to say that the Florida League of Cities was going to be creating a cookbook. A call for recipes had gone out and he asked everyone to submit recipes to the Town Clerk so that perhaps Highland Beach would be represented in the cookbook. C. Commissioner Peggy Gossett -Seidman. Commissioner Gossett -Seidman commented that there were nine 5 -to -0 votes on the Commission today, with one 4 -to -1. She expressed appreciation that the Commission was Town Commission Regular Minutes Date: August 6, 2019 Page 21 of 22 working together to promote the Town and all the residents. She apologized for earlier speaking to the wrong agenda item and attributed it to working on two cars in the rain at midnight. D. Vice Mayor Greg Babij. Vice Mayor Babij apologized for being away and missing meetings, but he did watch them all. He corrected the Mayor's earlier statement, that the Fed had cut 50 bps, when in fact they cut 25 basis points. He remarked on the impact to the portfolio, that two-year treasury yields were higher on the day in question. They started at 1.83% and ended at 1.88%. Three-month bills decreased by two basis points after the Fed cuts. So, one cannot look at a Fed cut and say it will directly impact the Town's portfolio. Markets are forward looking and have another two cuts of 25 bps priced in at an 80% probability by the end of the year. So, when the action happens, the market has priced it in ahead of time. The impact has already been taken into account for the portfolio for two more cuts this year. Vice Mayor Babij also brought up the subject of police boats, and Commissioner Gossett - Seidman had mentioned that sometimes boats create bigger wakes when they are slower. He agreed that running his own boat at 15 to 20 miles per hour creates a wake that is "massive" and if run at 30 miles per hour, the wake is much smaller. So, to slow down will not reduce wake. Since Boca and Delray own half of the Intracoastal, they need to be coordinated with in terms of boat speed and safety. People he has spoken with in the police department are not fans of having a police boat. However, he knows that Boca and Fish and Wildlife have been out ticketing people for excessive speed, so perhaps the issue is being addressed. E. Mayor Rhoda Zelniker. Mayor Zelniker remarked that the world was chaotic and a market correction was going on possibly because of the tariffs in China, but "we don't know, and we never know." She believes it should be in the budget plan for "a rainy day" and the reserves should not be used up. She also thanked the Boy Scouts for their attendance. 15. TOWN ATTORNEY REPORT Town Attorney Torcivia had no report for this meeting. 16. TOWN MANAGER REPORT Town Manager Labadie remarked that the staff had been working on the budget a lot. He expected the August meetings to be lengthy. The August 20 meeting would probably be the big meeting, and he promised refreshments. The crosswalk visibility flags did become available earlier today. He encouraged anyone who wanted to check it out to do so and give the Town feedback on this pilot program. He felt it was a low-cost opportunity to help protect pedestrians on the crossings. He thanked Officer Miller for his help with a guest at the Delray Sands. With everything going on, the Police Department continued to do great work and keep everyone safe and protected every day. Town Commission Regular Minutes Date: August 6, 2019 17. ADJOURNMENT Page 22 of 22 There being no further business, Mayor Zelniker called for a motion to adjourn the meeting at 3:30 PM. MOTION: Vice Mayor Babij moved to adjourn the meeting. The Commission meeting was adjourned at 3:30 PM. APPROVED at September 19, Regular Meeting. ATTEST: Eanelda Gaskins, MM , Town Clerk Transcribed by TEI/mra &d . /-��-- Date