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2019.08.27_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH TOWN COMMISSION WORKSHOP MINUTES Town Hall / Commission Chambers Date: August 27, 2019 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida 1. CALL TO ORDER Mayor Zelniker called the Workshop 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 Vice Mayor Gregory Babij Mayor Rhoda Zelniker Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Town Commission led the Pledge of Allegiance followed by a moment of silence to honor U.S. Military Troops. 4. ADDITIONS. DELETIONS, AND APPROVAL OF THE AGENDA Mayor Zelniker asked if there was a consensus to accept the Agenda as presented. There was a consensus; the Agenda was accepted as presented. 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 Town Commission Workshop Minutes Page 2 of 20 Date: August 27, 2019 6. PRESENTATIONS / PROCLAMATIONS A. None. 7. PUBLIC COMMENTS AND REQUESTS NON -AGENDA ITEMS ONLY 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. John Ross stated he lived in Casuarina. He reported he had received his preliminary tax bill. He indicated there was an 11 % increase in his taxes for Highland Beach. He stated he understood this number could change. He indicated if this remained the same, he would be spending 9% more than the cost of living increase justified (cost of living increase was 2%); however, he noted this might be a justified increase. He noted there were two Capital Improvements in the Budget: Buying an ERP and Renovations to Town Hall. He stated if these were justified by savings or clear and present danger, then all was well with the Capital Improvements. He stated there were three fiscal problems in Highland Beach: Fire and Rescue Contract, Water Plant and Building Department. He indicated he believed Highland Beach would not be eligible for bonds with uncapped, unfunded, expenses (Fire and Rescue Contract, Water Plant and Building Department). He stated he understood the current financial situation was not the fault of the Town Commission; however, the Town Commission was responsible for solving the financial problems. He stated it was important to put programs into place, which would make Water and Building self-supporting, and to begin a three-year clock for terminating the Delray Beach Fire and Rescue contract. He recommended finding community volunteers to help with these efforts. Commissioner David reported Delray Beach raised its millage rate, and it was substantially higher than Highland Beach. Vice Mayor Babii noted Highland Beach had a $210,000 dollar deficit which was 1.6%, not 11 %. He stated 11 % was the maximum millage rate increase allowed, not actual millage rate increase. Mayor Zelniker noted there was a Budget Meeting which would be held on Thursday, during which this subject would be discussed. She reported the use of Delray Fire Rescue had been thoroughly investigated and she did not believe Mr. Ross understood the history and background regarding this subject. She noted Highland Beach residents loved the Delray Beach Fire Department. She invited Mr. Ross to speak with Town Attorney Glenn Torcivia regarding this subject. She reported an analysis was done and Highland Beach was told it would cost twice as much for an in-house Fire Department. She agreed Highland Beach would look at the water rates. She noted Highland Beach had the third lowest millage for a municipality of its size. She thanked Mr. Ross for his comments. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Town Commission Workshop Minutes Page 3 of 20 Date: August 27, 2019 Mayor Zelniker reviewed the following board vacancies: 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 — Two vacancies: one vacancy for an Unexpired Term ending April 30, 2020 and one vacancy for an unexpired term ending April 30, 2021 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 September 1, 2022 Board Applicant Michael Kravit (Reappointment) Mayor Zelniker invited Mr. Michael Kravit to speak. Commission conducted the board interview and each Commissioner asked questions. Mr. Michael Kravit stated he felt privileged to have served on the Planning Board. He noted he endeavored to be fair, endeavored to be even handed in reviewing facts and criteria, and endeavored to promote responsible and sustainable development and planning. He reported he has been a licensed architect in the State of Florida since 1982, and was licensed in approximately 25 other States. He stated his practice was commercial. He noted the Planning Board had developed an excellent relationship with the Town Building Official, whom he felt was one of the best Building Officials he had ever worked with, and he would be pleased to continue to serve on the Highland Beach Planning Board. Vice Mayor Babij. stated Mr. Kravit was the MVP of all advisory boards. He stated Mr. Kravit was mindful, had great expertise, was creative in solutions, and had an ideal demeanor for serving on the Planning Board. He encouraged Mr. Kravit to run for Town Commissioner in the future. Commissioner David stated Mr. Kravit's resume was without equal and she was pleased he wished to continue to serve on the Planning Board. Commissioner Donaldson noted he had served with Mr. Kravit on the Planning Board, and Mr. Kravit was always in attendance and always prepared. Commissioner Gossett -Seidman agreed Mr. Kravit was extremely knowledgeable and an excellent choice for the Planning Board. She asked Mr. Kravit if he had any ideas he would like to see come to fruition during his next term.on the Planning Board. Town Commission Workshop Minutes Date: August 27, 2019 Page 4 of 20 Mr. Kravit stated the Planning Board was charged to review the long range aspirations of the Town through the Strategic Plan, but had not accomplished much in this regard. He stated he wished to see the Planning Board formulate a Strategic Plan for the Town of Highland Beach in the next twelve to eighteen months. Mayor Zelniker noted she had known Mr. Kravit for eight years and she felt the Town of Highland Beach was privileged to have Mr. Kravit serving on the Planning Board. She called for a consensus. It was the consensus of the Commission to place the appointment of Mr. Michael Kravit to the Planning Board on the September 3, 2019 Regular Meeting Consent Agenda for approval. B. Upcoming Meetings and Events Mayor Zelniker read the following announcements: 1. Town Commission Special Budget Meeting — August 29, 2019 — 12:00 PM 2. Town Hall Closed — September 2, 2019 — Observance of Labor Day 3. Town Commission Regular Meeting — September 3, 2019 — 1:30 PM 4. Town Commission Special / First Public Hearing Budget Meeting — September 5, 2019 — 5:01 PM 5. Planning Board Meeting — September 12, 2019 — 9:30 AM 6. Town Commission Special / Second Public Budget Meeting — September 19, 2019 — 5:01 PM 7. Town Commission Workshop Meeting — September 24, 2019 — 1:30 PM C. Board Action Report 1. Planning Board Planning Board Vice Chairperson Michael Kravit stated the last Planning Board Meeting was an excellent meeting. He reported all aspects of variances were discussed and the Planning Board made recommendations to the Town Commission regarding variances. He stated he did not remember any subjects of major consequence being discussed. Vice Mayor Babij asked Mr. Kravit's opinion regarding multifamily variances. Mr. Kravit stated, as an architect, he brought many projects through the site planning approval process, site plan development process, etc., and any time variances were required he had been required to go before a Town Commission or City Commission for final approval as the Commission was ultimately responsible for the needs of the Community as the elected body. He noted he agreed with this process. Commissioner Gossett -Seidman asked for Mr. Kravit's opinion regarding single family residence variances. Mr. Kravit noted the Town Commission could read the recommendation of the Planning Board; however, even with single family homes, it would be best to have the Planning Board's opinion regarding a variance to be ratified by the Town Commission. He stated a discussion regarding the responsibilities of the Planning Board and the legal ramifications of certain Planning Board decisions was held at the previous meeting. He noted Town Commission Workshop Minutes Date: August 27, 2019 Page 5 of 20 another reason the Planning Board felt the Town Commission should ratify all variance approvals was due to the Town Commission having a higher legal standing than the Planning Board. Commissioner Donaldson noted the Planning Board could not override a variance approved by the Board of Adjustment and Appeals. He stated he believed, as the ordinance and flow chart were developed, the process would become clear to all boards involved. Town Attorney Torcivia concurred; once a variance was granted the Planning Board was required to "live with" the approval. Discussion ensued regarding the matter, reasons the Planning Board reviewed projects, there being no reason for the Planning Board to review variances, the bifurcated system designating the Town Commission as final decision maker for certain variances and the Board of Adjustment and Appeals as final decision maker for others, and the Planning Board being more site plan specific. Mr. Kravit stated it would be beneficial for the Town Commission to ratify all variances. He explained this would enable the Planning Board to express an opinion regarding variances for the Town Commission's consideration, especially concerning large projects. Mayor Zelniker stated she felt the Planning Board needed to review single family home variances, such as when a resident wished to install a generator in a setback area. Town Manager Labadie responded the Planning Board did not review this type of variance. Discussion ensued regarding the approval process, which boards were responsible for what decisions, which boards reviewed which projects, whether all denied variances should be sent to court, the possibility of sending low impact variance denials to the Town Commission, sending small low impact variances to court not being cost effective, the possibility of negotiating variances with the Town Planner and Building Department, the Board of Adjustment and Appeals having the ability to negotiate variances by including requirements for variance approval, and variance approvals needing proof of hardship. 9. PROPOSED ORDINANCES AND RESOLUTIONS A. PROPOSED RESOLUTION / AMENDING RESOLUTION NO. 18-011 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 18-011 R, AS AMENDED, WHICH APPROPRIATED FUNDS FOR THE 2018-2019 FISCAL YEAR BUDGET, AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie reported this Resolution recognized the revenue collected by the Building Department which was required to be adjusted. He explained the hybrid building department model utilized contractors to do inspections and plan review and the budget was required to be adjusted and balanced to cover contractor payment. He indicated the Building Department was required to be self-sufficient by State Law. There were no Commission comments. Mayor Zelniker asked if there were any public comments. There were none. Mayor Zelniker asked if there was a consensus of the Commission to place the Town Commission Workshop Minutes Date: August 27, 2019 Page 6 of 20 Proposed Resolution on the September 3, 2019 Regular Meeting Consent Agenda for approval. There was a consensus. 10. REGULAR AGENDA A. None. 11. NEW BUSINESS A. Building / Planning Permit Development Review and Approval Process Presentation. Building Official Massie stated he wished to keep this presentation informal and encouraged the Commission to interrupt and ask questions as desired. He reported he would be discussing contracting and what an owner builder exemption was under Florida Statute 489. He noted the permit application process, development review, and variance requests would also be discussed. He stated under Florida Statute 489 there was an exemption for an owner/builder which stated any person who was qualified and responsible for the project could be named contractor. He explained all construction work under Florida Statute 489 required a contractor to apply for a permit and complete construction which was why most often permits were submitted by licensed contractors. He stated the exemption for owner/builder required the owner/building to be able to personally appear to sign all documents, to submit all permit applications, and to satisfy local permitting and agency requirements. He noted corporations did not qualify as an owner/builder. He reported in Highland Beach owner/builders would only be seen for one or two family residences personally owned by the owner/builder. He noted all construction not completed by the owner/builder personally was required to be completed by a licensed professional. He noted owner/builder permits were not allowed for condo improvements. He reported permits were usually submitted by licensed contractors "in privity of contract with a fee simple title owner." He displayed and discussed the Highland Beach permit application. He reviewed the steps to obtain a building permit which included: 1) hire a licensed contractor; 2) submit construction documents for review including professionally designed plans, scope of work, and schedule of values/signed contract; 3) respond to plan review comments in a timely fashion; and 4) pay permit fees, schedule inspections, and enjoy the construction process. Commissioner Donaldson asked about "timely" response for applicants to respond to plan review comments. Building Official Massie responded timely response was structured through State Law, and was also covered under Chapter 1 of the Administrative Building Code for Palm Beach. He explained a permit did not expire for 180 days which technically gave individuals up to 180 days to respond; however, he recommended applicants respond to plan review comments as quickly as possible. Mr. Kravit commented there was a thirty day response period for single family homes. Building Official Massie concurred, and noted the 180 day time period applied to condos. Building Official Massie reviewed permit statistics and noted on average, building permits in Highland Beach were being issued within 17 to 24 days. He noted only 7 permits were issued Town Commission Workshop Minutes Date: August 27, 2019 Page 7 of 20 outside of 60 days in 2019. He stated the average time for dock, seawall and boat lift permit issuance was 49 days; this was due to the public hearing requirement and Planning Board review requirement. He stated last year (2018) the seawall, dock and boat lift permit issuance was in excess of 60 days. He noted the quality of the permit request affected the time it took for approval. He displayed and reviewed a chart which illustrated Development Review and which boards/departments were responsible for which decisions. He reported the Building Official reviewed everything which came through the Building Department. He stated Development Review Forms were available on the Town website, under the Building Department section. He displayed, discussed and reviewed the Development Review Form and application process. Building Official Massie stated marine facilities needed a process adjustment as currently there were three different possible methods of approval for marine facilities including being considered a Special Exception (most often used method). He explained a Special Exception, by ordinance definition, was a use which was not appropriate through a zoning district. He stated Town Commission had final authority on special exceptions. He noted in the Supplemental District Regulations, Chapter 30, lifting and mooring devices were considered accessory uses and the Planning Board had final authority. He stated this caused some confusion and Staff was working to establish a unified process for marine facilities. He explained possible options included: all marine facilities going through the special exception process (Planning Board advisory opinion with the Commission as the decision making authority); all marine facilities continuing to be approved by the Planning Board; all marine facilities applying for permits being approved in the Building Department without board review; or a combination of all of the above. He noted process recommendations would come before the Town Commission for approval. Building Official Massie displayed and reviewed a list of the development review subjects for which the approval process was well established; the subjects included comprehensive plan, zoning, rezoning, PVDs, Special Exceptions and site plans. He explained these subjects were reviewed by Building Department, reviewed by: the Planning Board with a recommendation to Town Commission and final decision made by Town Commission. He explained most of the confusion regarding process fell with variance, site plan review major modifications, and development order change — non -administrative. He stated single family residence site plan review went through the Building Official and then to the Planning Board for final approval. He noted once the site plan was approved by the Planning Board the applicant then went through the permit process; however, the Building Department offered to run the building permit review concurrently with the Planning Board review. He discussed variances and noted Staff was currently working on defining low impact and high impact variances. He stated variance reviews were necessary when a permit application did not meet the zoning requirements for development. He noted projects could not be approved until variances were dealt with. He stated the process would be: Building Official reviewed an application for completeness, and then a Staff Report with supporting documents would be presented to the Board of Adjustment for ground level variances as decision making authority, or to Town Commission after advisory opinion from Variance Board for high impact matters. Town Commission Workshop Minutes Date: August 27, 2019 Page 8 of 20 He reported, regarding site plan review, major modifications and minor modifications needed to be defined. He noted major modifications included accessory structures (which was why docks and boat lifts were being submitted to Planning Board). He discussed different types of major modifications to existing buildings. He stated most major modifications to existing buildings would be reviewed and approved by the Planning Board. He noted minor modifications to existing buildings were approved at the Building Department level. He noted major modifications to multifamily buildings went to the Planning Board for advisory and then to the Town Commission for final approval. Building Official Massie stated a development order change — none administrative was a change to an approved development order which proposed a substantial modification to such order, including conditions of development approval, time limitations, phasing, type of dwelling, number of dwelling units, change in architectural style, change of building elevation, increase in building height, change in building footprint, change of use, and any similar substantive change as determined by the building official. He stated none administrative changes required board/commission review and a public hearing as if a new application. He stated requirements for review were determined on a case by case basis. He stated a development order change - administrative meant a change to an approved development order which did not propose a substantial modification. He stated administrative changes were reviewed and approved in the Building Department. Building Official Massie reported subdivision of land was multifaceted and required recording of plats, site development plans, paving, drainage, right of way, easements, minimum lot size, setbacks, subdivision names, etc. He noted after Building Department review, an advisory opinion on subdivision of land was provided by the Planning Board, and the Town Commission held the decision making authority. He stated, in summary, land use matters all followed the same route of authority, from the Building Official; for review, to the Planning Board for advisory, to the Town Commission for final approval. He reported variances, site plan reviews for major and minor modifications, and development order changes administrative/none administrative varied in approval processes. He reported he was in discussion with the Town Manager regarding flow charts and additional information which could be provided at the Building Department to clarify the approval process. He stated consideration was being given to checklists, flow charts, and other informational formats. Commissioner David stated she had no questions currently. She thanked Mr. Massie for his presentation. Commissioner Donaldson asked if the building department checked professional licensing as well as contractor licensing. Building Official Massie responded in the affirmative. Commissioner Donaldson stated he looked forward to hearing Mr. Massie's recommendations regarding streamlining the process. He asked if Highland Beach was comparable to other municipalities in regards to permit fees and charges. Building Official Massie responded in the affirmative. He stated changes to the fee schedule would be coming this year however, as currently fees were collected at time of permit issuance rather than at time of application which Town Commission Workshop Minutes Date: August 27, 2019 Page 9 of 20 put the department at risk. He explained a nonrefundable application fee would be charged to prevent the building department from losing monies when a permit was not approved. Commissioner Donaldson asked about local impact fees. Building Official Massie responded local impact fees were obtained through Palm Beach County for site development. Commissioner Donaldson stated Highland Beach was seeing positive progress through the changes in the Building Department and the citizens of Highland Beach were beginning to reap the benefits of the Building Department. He thanked Building Official Massie. Building Official Massie noted Building Department Staff were always available to answer citizen questions and he was available as well. He invited the Town Commissioners to visit him with questions. Commissioner Gossett -Seidman asked about the application time lines. Building Official Massie explained approval times were directly related to quality of submission. Town Manager Labadie explained the building department had 30 days to issue the permit (upon submission of a completed and accurate application) or to provide a plan review to the applicant (for incomplete or problematic applications). He noted Mr. Massie did an excellent job meeting this time limit. He noted the process was drawn out longer when the Planning Board, Advisory Board and Town Commission were needed. Building Official Massie reported a single family residential dwelling permit must be issued within 30 working days of application unless the application failed to satisfy Florida Building Codes or enforcement agency laws/ordinances. Commissioner Gossett -Seidman asked about the time limit for condos and multifamily home permits. Building Official Massie responded condo remodel permits were being issued on average within 17 days by the Building Department; the Building Department set a goal time limit of 60 days for condo related permits, but legally there were 180 days before permit expiration. Commissioner Gossett -Seidman asked for a checklist/schedule for residents requesting permits for condo remodeling, something she could refer to when she received phone calls regarding permits. Building Official Massie explained the time it took to receive an approved permit was directly: related to the quality of the application; he stated plan review comments were very detailed.; therefore, if a permit was not being approved immediately the contractor would know what the deficiencies were and make explanations to the home owner. Commissioner Gossett -Seidman asked for an update regarding the resident who applied for a variance for a generator install. She stated it had taken over a year for this application to make it through the process. Town Manager Labadie noted this was before Building Official Massie came to Highland Beach. He explained the reasons why this project took over a year for approval of variance. Building Official Massie reported the permit had not yet been approved; however, plan review comments had been provided to the contractor and the Town was waiting for the contractor to respond. Discussion ensued regarding the loss of the generator plans, the plans being found, the variance and plans for the generator being complicated by the home being constructed in the setback, and the efforts being made to improve Highland Beach processes. Commissioner Gossett -Seidman asked if the system for finding older building plans was being improved. Building Official Massie stated older building plans were gradually being scanned into the computer system, but most were still in old format. He noted some records were lost Town Commission Workshop Minutes Date: August 27, 2019 Page 10 of 20 due to expired retention dates (mandated through State Statute). He noted all records leading back to 2007 when the permitting software system (SmartGov) was implemented were easily accessed. Commissioner Gossett -Seidman noted single family home building plans were returned to residents around the time that the SmartGov system was implemented. She commented if the Building Department was searching for these types of plans Mr. Massey should keep in mind it was possible the homeowners had possession of said plans. Commissioner Gossett -Seidman asked about single family home roof lines and the State possibly outlawing air conditioners on roofs. Building_ Official Massie noted he had not heard anything concerning removal of mechanical units from roofs. He stated he did not feel the State would approve this type of requirement. He explained there were guidelines in place regarding methods of attachment, as well as guidelines for verification of wind and structural load. He discussed major building modifications which included change in roof lines. He discussed a permit application for installation of a pool roof on a two story single family home and he described the phased basis of construction and approval for this pool roof. Commissioner Gossett -Seidman asked about the process of averaging a roof line to add a third or fourth story. Building Official Massie noted this had to do with parapet height versus peak height and gable height and the average being taken from the three. He noted this was included in Supplemental District Regulations 30-68 which included an illustration explaining how a mean roof line was calculated. He noted the building height was calculated from the top of the ground floor slab (or habitable level slab). He commented sometime next fall there would most likely be significant flood plain changes in Highland Beach. Discussion ensued regarding habitable levels and non -habitable sublevels, and older code versus newer code regarding sublevels. Commissioner Gossett -Seidman asked about the 18 inch elevation requirement. Building Official Massie stated Highland Beach flood plain ordinance required structures to be built 1 foot above base flood level for all. properties west of A 1 A (AE6 zone) or required an elevation of 3 feet above the highest adjacent crown of road; whichever elevation was higher. Commissioner Gossett -Seidman noted residents with older homes at lower elevations were experiencing difficulty with the newer, more elevate homes, creating stormwater runoff onto the lower elevation properties. She asked if these complaints would be addressed by the Building Department. Building Official Massie stated this was addressed by engineering during the new construction. He explained any new home which was built was required to meet the 1 inch of runoff retention. He noted this was why newer homes were being built with extensive catch basins and exfiltration trench systems. He explained how this was calculated. He noted the Building Department very carefully evaluated plans to ensure the stormwater retention was sufficient. Commissioner Gossett -Seidman asked about the drainage issues along AIA. Building Official Massie stated there was one code enforcement case pending regarding drainage which was causing damage to the public road and right-of-way. He noted the code enforcement department would be addressing others on an as needed basis. He stated he would be meeting in September with the President of a rather large community on the east side of AIA with concerns regarding runoff into the right-of-way and onto the community's property. He noted the drainage issues would be addressed as needed on a case by case basis until a comprehensive engineering analysis of the entire Town could be performed. Commissioner Gossett -Seidman Town Commission Workshop Minutes Date: August 27, 2019 Page 11 of 20 recommended sending out some educational materials regarding the drainage issues and possible solutions available through homeowner action. Building Official Massie noted most residential buildings had drainage systems which were designed to capture the required 1 inch of runoff. Vice Mayor Babij thanked Mr. Massie for his presentation. He stated he looked forward to hearing the Building Department's recommendations regarding marine facilities. He asked for Mr. Massie to include surrounding municipalities' processes with the recommendations. Building Official Massie agreed. Mayor Zelniker thanked Commissioner Gossett -Seidman for her questions and her persistence regarding building department issues. She stated it was because of Commissioner Gossett- Seidman's persistence the Building Department was what it was today. She asked if Building Official Massie's presentation would be made to the Planning Board, Code Enforcement Board, and Environmental Board. She stated she felt these boards should either hear this presentation or at least be provided with the presentation documents for review. She asked about landscape architects and landscaping requirements. Building Official Massie noted his presentation was specifically about the permitting process for building and the development review process. He noted site plan review did incorporate landscaping and tree removal permits and landscaping permits did require landscape architects. Mayor Zelniker stated Highland Beach had an Ordinance regarding landscaping (Section 28-1) which required a landscape architect for a permit; however, the ordinance was not being enforced. She stated she felt Building Official Massie needed to include landscaping permits with his presentation packet and the information needed to be given to the Code Enforcement Board. She stated enforcing the landscaping ordinance (which required the planting of a new tree for any tree which was cut down, as well as native shrubberies, etc.) was important for the planet, not just Highland Beach. She stated it was important to plant native foliage. She asked Mr. Massie to please include this information with his presentation packet. Building Official Massie indicated the ordinance was not being ignored with new development; anytime a new development came through landscaping was a major element which was reviewed. Mayor Zelniker stated she felt the ordinance was often neglected; she asked Mr. Massie to include information regarding this ordinance and landscaping permits with his information packet for the Environmental Board, Code Enforcement Board and Planning Board. Building Official Massie invited Mayor Zelniker to visit his office; he noted he had plans on his desk for new single family residential which included plans from registered landscape architects. He explained landscaping was part of standard site plan review. Mayor Zelniker noted Highland Beach generally needed to be more environmentally conscious and it was important for this type of information to be brought to the attention of the boards. She stated the boards might have good ideas for environmental improvements. She reiterated the importance of planting native plants as these were more resilient and more hurricane resistant. She asked for the ordinance specification regarding tree replacement to be included on the checklist of information provided to residents. Discussion ensued regarding including tree replacement on the checklist for any permit which might possibly lead to tree removal. Building Official Massie agreed to include this information. Mayor Zelniker asked if there was any ordinance regarding solar power. Building Official Massie responded in the negative; however, he noted installation of solar power required an Town Commission Workshop Minutes Date: August 27, 2019 Page 12 of 20 electrical permit and inspections for such. He discussed applicable requirements for solar power panels. Mayor Zelniker suggested creating a solar power ordinance with regulations. Mayor Zelniker stated she believed there was an ordinance which indicated for every permit granted "X" amount of dollars was to be set aside for "recreation or nature of Highland Beach." Commissioner Gossett -Seidman stated the Code was 20-2 for "recreational and open land fees." Town Manager Labadie stated he would look into this and bring the matter to Town Commission for discussion at a later date. Mayor Zelniker noted it was always a possibility for the Town to purchase a property and turn it into a nature preserve in the future. Mayor Zelniker thanked Building Official Massie. Building Official Massie noted he would be happy to make presentations to the various advisory boards; this would be scheduled. He noted he would provide the information packet to the boards prior to presentation for review. Mayor Zelniker asked if there was any public comment. Doug Hillman stated he lived at Dalton Place. He thanked Mr. Massie for the presentation. He recommended considering waiving permit fees for solar panels in an effort to encourage the use of solar power. He stated he agreed with Vice Mayor Babij's recommendation to compare Highland Beach fee rates to surrounding municipalities. B. DISCUSSION OF THE PROPOSED ORDINANCE RELATING TO CODE CITATION SYSTEM. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE V "BOARDS AND COMMITTEES", BY ENACTING DIVISION 5 "SUPPLEMENTAL CODE COMPLIANCE PROCEDURES", TO PROVIDE A CODE CITATION PROCESS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie stated the Staff Report included the history of this ordinance. He briefly reviewed the history and noted discussion ended with a request to modify the civil penalties provisions. He reported a revised version of the ordinance presented two classes of civil penalties with $175 dollars for classification 1 and $350 dollars for classification 2 with a maximum fine of $500 dollars. He reported it established notice and warnings to ensure compliance, provided the ability to establish enforcement, and deployed a system which provided any noncompliant party with an opportunity to correct a violation prior to ticket issuance. He stated this revised version was discussed by the Town Commission and it was decided the ordinance should go to the Code Enforcement Board for discussion. He reported the Code Enforcement Board reviewed the ordinance on May 14, 2019 and again on July 23, 2019 and the ordinance was back before the Town Commission for review today. He stated potentially the first reading would be September 3, 2019 and a second reading would be October 1, 2019. He indicated throughout the conversation there was concern regarding the Town Commission Workshop Minutes Date: August 27, 2019 Page 13 of 20 possibility of fees being too high. He noted the original ordinance contained information regarding criminal charges for violation, but this had been removed; the Police had the authority to enforce any criminal violations even without ordinance provision. He reported the Code Enforcement Board was comfortable with this ordinance as written. He asked if there were questions. Commissioner David asked about the fee classifications and fines. Discussion ensued regarding fee classifications, repeat offender fines, maximum fines, definition of repeat offender, and granting the code enforcement team discretion to determine fines such as smaller fines for lesser offences and greater fines for larger offences and repeat offences with a capped max amount. Commissioner David recommended passing the ordinance to get the requirements established. She noted it was well written and questions could be addressed as questions arose. Discussion ensued regarding whether these fines were intended to be a daily fine until the resident came into compliance, the fines being a little high for daily fines, and encouraging compliance through daily fines. Commissioner David recommended including "daily fines" in the ordinance. Vice Mayor Babii asked regarding Section 2-172D what the process was for an out of town resident regarding violations. Town Attorney Torcivia responded under general State Statute the first and best means of notification was hand delivery; however, if hand delivery was not possible the municipality could "post" the property by attaching a notification to the front door and mailing a certified letter to the address listed at the property appraiser's office. He noted this was not a fool -proof process, but it was the legal process. Vice Mayor Babii asked regarding Section 2-172E why the fine was required to be paid prior to the hearing. Town Attorney Torcivia explained these fines were similar to traffic tickets; the homeowner would either pay the fine or contest the fine. He stated if contested, the homeowner was not required to pay the fine prior to the hearing. He explained this was why there was concern regarding high fees as more homeowners would contest a $175 dollar fine than a $50 dollar fine. Vice Mayor Babii asked about Section 2-172G which noted if a resident wished to appeal a violation to a higher court, the appeal would be limited to simple review of record. Town Attorney Torcivia indicted this was State law. He explained the circuit court did not want to hear a case regarding lawn violations; the circuit court would only review the record and ensure due process was followed. He noted if the court ruled in favor of the Town then the Town could charge administration fees on top of the assessed violation fees. Vice Mayor Babii noted there was no framework or limit for administration fees. He asked about this. Town Attorney Torcivia stated most towns had formulas for administration fees, for example if photos were taken of the property the cost was $1 dollar per photo, copies of records were $0.15 cents per page, two hours of employee time cost $60 dollars, etc., and the Town could assess legal fees as well. He noted fees assessed could range from $35 dollars to $150 dollars depending on how involved the case was. He explained the magistrate or judge would not permit an unreasonable assessment of fees; administration fees were required to reflect actual cost to the Town. Town Commission Workshop Minutes Date: August 27, 2019 Page 14 of 20 Vice Mayor Babij stated he was uncomfortable with this ordinance for many reasons. He particularly was uncomfortable with the fact that these decisions were primarily being made by the Code Enforcement Board which consisted of untrained volunteers. He stated he was worried an unintentional mistake or remark by a Code Enforcement Board Member could cause the Town major difficulties if a case went to court. He stated he believed this ordinance could be written much better, the fees were too high and there would be challenges. He stated he believed this type of ordinance should be enforced by a special magistrate, not by a Code Enforcement Board consisting of untrained volunteers. Town Attorney Torcivia commented the magistrate versus Code Enforcement Board was an age-old argument. He stated he had served as a magistrate for various towns over the years, had prosecuted in front of the Code Enforcement Board, and had been an advisor to the Code .Enforcement Board. He stated there was no perfect process as every community was different. Town Manager Labadie discussed the history of the ordinance, when it originated and why it originated. He explained this ordinance allowed a method of almost immediate compliance enforcement unlike the current process which sometimes took weeks. He stated he did not agree with the "ticket first" mentality; however, Boca Raton recently changed code to enable code enforcement officers to write tickets for a first offense. He stated he felt Highland Beach was not the type of community that should write tickets for every little minor violation. He stated Boca Raton fees were lower than the fees proposed in this ordinance; Boca Raton fees were: $50 dollars for litter, $50 dollars for lot maintenance, $50 dollars for site debris, $150 dollars for construction impact, $25 dollars for unlawful signage, $25 dollars for personal property in the swales, $50 dollars to $100 dollars for parking violations, etc. He indicated if there was a safety violation the Police would immediately respond. He stated he felt issuing a warning to residents to mow the lawn within the next week, followed by a fine if the resident failed to comply might be the best option for Highland Beach. Vice Mayor Babii asked if the information regarding comparative municipalities' fee schedules and violation processes was provided prior to creation of this ordinance. Mayor Zelniker responded in the affirmative. Town Manager Labadie discussed the process which led to creation of the ordinance as it now stood. He noted there had been a wide variety of opinions regarding this ordinance throughout the creation process. Vice Mayor Babii stated the police were uncomfortable with how high the fines were. Commissioner Gossett -Seidman asked for verification from the Police Chief. Town Attorney Torcivia warned against the Town Commission "cracking down" on the 99% of law abiding residents for the sake of the 1% of noncompliant residents. He recommended allowing the Code Enforcement Officers discretion regarding fee amounts. He stated he believed Highland Beach Staff could be trusted to write tickets for appropriate amounts. He stated the question should be: how much discretion would the Town Commission give Staff. Chief of Police Hartmann stated he felt Highland Beach was a unique town whose residents were extremely compliant and cooperative. He stated the code citation cost for a simple parking ticket was $25 dollars, and most individuals paid this fee without complaint. He stated if this type of fine was quadrupled residents would begin to complain and contest the fines. He recommended a tiered fine system which was slightly more lenient in fine amounts for residents due to the high level of resident compliance. Town Commission Workshop Minutes Date: August 27, 2019 Page 15 of 20 Vice Mayor Babii agreed with Town Attorney Torcivia's point: this ordinance would punish the 99% of compliant residents. He agreed the fines were too high and he felt certain violations should have much lower fines while other more serious violations should have higher fines. He stated if Highland Beach were to increase fines to this level a magistrate would be needed. Commissioner Donaldson stated he understood the genesis of this ordinance came from an attempt to establish a special magistrate, which failed, as well as a continuing expression of concern by Town citizens to take a strong look at code enforcement regarding certain neglected issues. He stated he wished to send this ordinance back to staff with a request to reexamine the civil penalty provision to see if we can generate something a little more definitive. Commissioner Gossett -Seidman stated several years ago the Town Commission appointed a special magistrate for a brief period of time, but there was pushback from the Code Enforcement Board. She recommended training the Code Enforcement Board through seminars, and possibly included all boards in seminar training. She recommended establishing a warning system for residents. She asked for this ordinance to be reviewed and made more resident friendly with an established warning system. Town Manager Labadie stated this could be done. Commissioner Gossett -Seidman stated Section 2-172A referenced code officers, and she asked who the Highland Beach code officers were. Town Manager Labadie responded Jason Manko was a code officer, the police were considered code officers and Mr. Massie was a code officer. Discussion ensued regarding code officers in Highland Beach. Commissioner Gossett -Seidman referred to Section 2-173 — Civil Penalties. She commented classification one and classification two did not cover all ordinances. Town Manager Labadie referred to item ten of class one. He noted classification one included any ordinances, which were not specifically named within ithe classifications. Mayor Zelniker briefly discussed the history of this ordinance and noted she was present when it originated five or six years ago. She indicated the ordinance had been reviewed five times, and the Code Enforcement Board had recommended approval to the Town Commission. She stated she felt the Code Enforcement Board would be upset if it was decided to appoint a magistrate. She noted when the Code Enforcement Board met the Town Attorney was present; therefore, a magistrate was not needed. She stated there was also a lawyer who served on the Code Enforcement Board. She explained this ordinance was created due to the lack of any ordinance which addressed safety violations, especially involving construction sites. She stated Highland Beach needed an ordinance which enabled the Town to address safety problems and severe code violations. She stated she felt this ordinance would not affect 99% of Highland Beach's population because 99% of Highland Beach's residents were good, cooperative, compliant individuals. She stated she felt the Town Attorney could help direct the Code Enforcement Board. She agreed warnings should be given upon first violation and residents should be given the opportunity to become compliant, unless it was a blatant safety violation. Discussion ensued regarding propane tank violations, a recent problem with a propane tank being severed and the neighborhood evacuated, abandoned propane tanks, underground propane tanks, the importance of fencing around construction sites, buried septic and propane tanks in many older homes, not being able to visually locate buried propane and Town Commission Workshop Minutes Date: August 27, 2019 Page 16 of 20 septic tanks, and the Building Department dealing with buried propane tanks on a case by case basis. Commissioner Gossett -Seidman recommended educating the public regarding the possible use of sonar to locate buried propane tanks. Commissioner David noted this ordinance was designed for the I% who refused to follow the rules. She stated it was important to have a fine which would send a message to those who refused to comply. She indicated anything which was considered dangerous could legally be addressed by the police per State law. She noted when this ordinance began the fines were much higher; the fines had already been reduced. She stated issuing a warning first could be clearly included in the ordinance. She stated a warning with a 10 day time limit for compliance could be included in the ordinance. She noted there were many construction companies, and even residents, to which a $175 dollar fine was negligible and it was important for the fines to be significant enough for residents and construction companies to understand there would be serious consequence for ones actions. She stated in Boca Raton there were individuals who would consider a $50 dollar fine a significant amount; this was not the case in Highland Beach. Vice Mayor Babij stated he disagreed with Commissioner David. He stated Highland Beach needed to stop writing ordinances for past situations which would no longer occur. He noted Mr. Massie would issue a stop work order for any construction site which did not have a surrounding fence. The Commission did not need to write an ordinance for this type of violation. He stated he understood it was important for residents to understand there were consequences for ones actions, but charging a resident who neglected to mow a yard $175 dollars was excessive. He stated this would not preserve Highland Beach's unique sense of place. He recommended more appropriate fines. He recommended listening to the Police Chief's recommendations. He recommended if no magistrate was appointed, lowering the fines, otherwise, you were setting the Code Enforcement Board up for failure. He stated he believed increasing the fines without the use of a magistrate was increasing the liability risk for the Town. He stated he believed the Town could create a much better ordinance. Commissioner Donaldson recommended directing staff to refine the ordinance based upon the offered input. Town Manager Labadie stated staff would review the ordinance and bring it back to Town Commission in October. He stated the enforcement procedure could be clarified and language could be clarified. He noted overall intent could be refined after the Commission reviewed the clarified version of the ordinance. Commissioner David asked if a section specific to parking and repeat parking offenders could be included into the ordinance. Commissioner Gossett -Seidman stated there was a difference between a violation for grass being too high and a construction site violation. She asked if there was a way to differentiate between the two. Town Manager Labadie stated he could consult with Building Official Massie and the Police Chief to consider adding a couple more classifications. Vice MaY Babii recommended consulting Building Official Massie and the Police Chief and developing a schedule of fees such as $50 dollars for a lawn violation and $250 dollars for larger violations. Town Manager Labadie stated he would look into this possibility. Mayor Zelniker asked if there were any public comments. Town Commission Workshop Minutes Date: August 27, 2019 Page 17 of 20 John Boden stated his address was 374 S. Ocean. He stated the goal of this ordinance was to not have any violations, and if there was a violation, to get the violation immediately fixed. He indicated he approved. Anne Roy stated she lived at Bel Lido Isle. She asked if Town Manager Labadie made any changes to the parking ordinance regulations. She noted she asked him to look at this regulation as she was concerned about being fined if her vehicle was parked in her driveway with a flat tire. Town Manager Labadie responded in the affirmative; he reviewed this regulation and it had been adjusted. Rick Greenwald stated he lived on Tranquility Drive. He stated code enforcement was a serious concern for Highland Beach residents due to a lack of code enforcement for several years related to building sites and street parking. He stated while he agreed the ordinance could be reviewed and adjusted once more, he agreed with Commissioner David's feelings as well. He noted the ordinance would never be perfect and could be adjusted and amended as needed. He stated he agreed with the concept of warnings before fines, and he agreed with allowing code enforcement officers some discretion regarding fines. Douglas Hillman stated he lived in Dalton Place. He noted he enjoyed the Town Commission's conversation and debate regarding this issue. He stated he believed the Town was on the path toward an excellent ordinance. He noted Highland Beach was a very small town with only about 3,500 residents. He noted the Police Chief knew all the residents along the side streets and if a resident was out of town and a notice was posted the Chief could ask a neighbor to call the noticed resident. He stated he agreed with Commissioner David's opinion regarding the need for a significant fine to get a violator's attention. He stated he agreed with Vice Mayor Babij regarding the Code Enforcement Board possibly opening the Town up to liability risk if there was no training. He stated he agreed with the idea of a tiered system of fines which might range from $50 dollars to $175 dollars. He recommended considering the possibility of having the Code Enforcement Board only review repeat offender violations. Anne Roy stated solar panels could be very dangerous during hurricanes and could pull up a homeowner's roof. She stated when ordinances were created regarding solar panels this should be taken into consideration. C. Approval of Meeting Minutes: 1. June 25, 2019 — Workshop Minutes 2. July 23, 2019 — Special Minutes 3. July 30, 2019 — Workshop Minutes 4. August 6, 2019 — Regular Minutes Mayor Zelniker asked if there were any changes to the minutes listed on the Agenda. Vice Mayor Babij reported he submitted some changes to Lanelda Gaskins. Town Clerk Gaskins stated the changes would be reflected in the September 3 final approval minutes. Discussion ensued regarding whether the minutes could be included on the Consent Agenda; it was determined this was allowed. Town Commission Workshop Minutes Date: August 27, 2019 Page 18 of 20 Mayor Zelniker asked if there was a consensus to add the approval of the minutes listed to the Consent Agenda; there was a consensus to place the minutes on the September 3, 2019 regular agenda. 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 A. Commissioner Evalyn David Commissioner David noted she came away from the recent Florida League of Cities convention understanding the importance of avoiding the same types of problems Panama City recently had following hurricane damage. She noted she asked Town Manager Labadie to ensure Highland Beach's insurance policy included Synergy as Synergy was extremely helpful in emergency situations. She reported Panama City's biggest issue was it did not have appropriate reserves and as a result was required to take out $175 million dollars' worth of loans while it waited for FEMA and State funds. She stated it was important to have back up for the procurement process. She stated it was important for Highland Beach to ensure it was well prepared and had its "ducks in a row" if a hurricane or a flood severely damaged the Town. B. Commissioner Barry Donaldson 1. Report on the August 17, 2019 Florida League of Cities Committee Utilities, Natural Resources and Public Works Water Resources Commissioner Donaldson noted the Florida League of Cities supported the Office of Resilience and Coastal Protection and would support legislation to fund and coordinate State Resiliency Programs with those of local governments. He stated the second policy statement the committee focused on was water. He stated a recommended policy was passed to the voting delegates indicating water was an essential public asset. He reported the State was spending less than 1/10 of 1% of the entire State budget on water supply and water quality improvements. He stated the Florida League of Cities made a statement supporting legislation to address water quality crises and water supply deficiencies. He noted there were printed copies of these items available in the iLegislate package through the Town Clerk's office for members of the public. Commissioner Donaldson stated the recent Florida League of Cities convention was excellent. He noted the Members of the Town Commission, Town Manager and Town Attorney were present. He stated a large amount of information was covered. He noted he enjoyed an address by the Governor building on the water theme, concerns about resiliency, and the impact of storms. He stated his report was available for review. Town Commission Workshop Minutes Date: August 27, 2019 Page 19 of 20 Commissioner Donaldson noted he attended United State Representative Ted Deutch's Town Hall Meeting, and tomorrow he would be attending the League of Cities Meeting where Lois Frankel would be addressing topics regarding the federal government. C. Commissioner Peggy Gossett -Seidman Commissioner Gossett -Seidman agreed the Florida League of Cities convention was excellent. She stated she appreciated Dr. Greenwald's comments. She listed numbers of houses which were constructed or renovated over the past seven years in the Tranquility Drive area noting over 70% of the Tranquility Drive area had been either renovated or newly constructed and many problems arose during this construction period. She stated she was very grateful for the Building Department and Town Manager who were ensuring these types of problems would not arise in the future. D. Vice Mayor Greg Babij Vice Mayor Bab ij thanked Mr. Greenwald and Mr. Hillman for their comments. E. Mayor Rhoda Zelniker Mayor Zelniker stated she went to the "2020 Census: What Your City Needs to Know to get an Accurate Count" class. She noted the 2020 Census was going to be confusing. She stated Mr. Hillman had volunteered for the Census Committee. Douglas Hillman noted the mailings for the 2020 Census would go out March 12, 2020. He explained the Census was extremely important because the allocation of funds was based on the Census count, as well as the allocation of representatives. Mayor Zelniker noted Mr. Hillman was the only resident volunteer for the Census Committee and she encouraged Highland Beach residents to come forward and volunteer. She reported the 70th Anniversary Holiday Event also needed volunteers. She asked for an email to be sent out requesting volunteers for the 2020 Census and the 70th Anniversary Holiday Event. She encouraged residents to volunteer. 14. TOWN ATTORNEY REPORT Town Attorney Torcivia stated he spoke with Teresa Mussetto of the Attorney General's Office regarding parking issues. He stated regarding FEMA, the Town needed to be extremely thorough and accurate with paperwork; FEMA would often try to claw back funds due to improper documentation. He stated the County Commission was scheduled to consider the Milani Park proposed extension on October 8, 2019. 15. TOWN MANAGER REPORT Town Manager Labadie stated the County Mayor would reach out to Highland Beach with a Town Commission Workshop Minutes Date: August 27, 2019 Page 20 of 20 letter regarding the proposed Milani Park extension. He stated he and Town Attorney Torcivia were in conversation with the County. He reported Town Attorney Torcivia had the Golden Harbor documents; Golden Harbor filed an appeal with circuit court. He stated Golden Harbor was looking for a non -monetary ruling. He noted he would keep the Commission updated. Town Manager Labadie asked the Police Chief to discuss Hurricane Dorian. Police Chief Hartmann stated the Police Department had begun its internal review regarding hurricane preparedness. He stated he held meetings with the Building Department, Public Works, and Town Manager. He noted Highland Beach heard from Phillips and Jordan, the disaster service management company. He recommended residents take a look at their own homes and personal situations regarding hurricane preparedness; Highland Beach was a barrier island and evacuation was mandatory for a category 2 or higher storm. Mayor Zelniker stated she received calls from condos regarding the need to take down construction scaffolding. She asked if construction scaffolding should be removed. Police Chief Hartmann responded it depended entirely upon the storm and wind speeds. He explained it was impossible to make any recommendations at this point as the storm was an unknown. He stated if a recommendation was made to take down scaffolding and put up shutters and the storm did not hit, residents would be displeased. Commissioner Gossett -Seidman asked Town Attorney Torcivia if he received information confirming temporary parking in the right-of-way could be allowed. Town Attorney Torcivia responded in the affirmative; the Town had the discretion to adopt parking codes pertaining to roads within Town limits which permitted temporary right-of-way parking. Commissioner Gossett -Seidman asked if this included State roads within Town limits as the State had laws which indicated right-of-way parking was illegal. Town Manager Labadie responded in the affirmative; other municipalities permitted State road right-of-way parking, Highland Beach could do the same. Town Attorney Torcivia indicated towns had control over streets within town jurisdiction regardless of street ownership. 16. ADJOURNMENT Mayor Zelniker adjourned the meeting at approximately 5:19 p.m. APPROVED at October 15, 2019 Regular Meeting. ATT T: C40.1da Gaskins, M C, Town Clerk 4 f ' - od ZeIniker6jYor Transcribed by TEI/he Date