Loading...
2019.09.19_TC_Minutes_RegularTOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MINUTES Town Hall / Commission Chambers Date: September 19, 2019 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida 1. CALL TO ORDER Mayor Zelniker called the Regular Meeting to order at 1:30 p.m. 2. PRESENT UPON ROLL CALL Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Town Commission led the Pledge of Allegiance followed by a moment of silence for those suffering and for the troops. 4. ADDITIONS, DELETIONS, AND APPROVAL OF THE AGENDA Commissioner Donaldson requested to move Item F, Proposed Resolution / Declaration of Unity of Title / 4202 And 4206 Intracoastal Drive up on the agenda. This item was moved prior to Item 9A on the agenda. Commissioner David moved to accept the agenda as amended. Commissioner Donaldson seconded the motion, which passed unanimously. 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 Town Commission Regular Minutes Date: September 19, 2019 PaLye 2 of 15 6. PRESENTATIONS / PROCLAMATIONS A. None. 7. PUBLIC COMMENTS AND REQUESTS NON -AGENDA ITEMS ONLY John Ross of Casuarina provided comments about an email he sent to the residents a week ago about the water. He suggested that there was a report put out by the EPA. He also stated that he would like the town and commission to be more open with their residents and keep them more informed about issues that arise in the town even if it is not good news. 8. BOARDS AND COMMITTEES / 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. Town Commission Special/Second Public Hearing Budget Meeting — September 19, 2019 — 5:01 PM 2. Town Commission Workshop Meeting —September 24,2019— 1:30 PM 9. ORDINANCES AND RESOLUTIONS ALPROPOSED RESOLUTION / DECLARATION OF UNITY OF TITLE / 4202 AND 4206 INTRACOASTAL DRIVE Mayor Zelniker read the title into record. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING A DECLARATION OF UNITY OF TITLE SUBMITTED BY NON SIBI LLC FOR PROPERTIES LOCATED AT 4202 AND 4206 INTRACOASTAL DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. (THIS _[TE1111' WAS F'O.RAL4LL E 9G.) Town Planner McKinney read information concerning the square footage of both properties as Town Commission Regular Minutes Date: September 19, 2019 Paye 3 of 15 well as the plans to join these two properties into one property with a 24,132 square foot lot for future development of an approximately 10,857 square foot house. Commissioner David had no comments. Commissioner Gossett -Seidman wanted to know if the house would be fixated in the middle of the lot and was informed that it would be. Commissioner Donaldson wanted to know if one of the wing walls that support some of the balconies on the second level extend past a setback. He asked that the petitioner clarify the intent there. Paul Fishman of Choeff Levy Fishman Architecture and Design stated that he was there with associate Sanchez. He explains that The Town of Highland beach and the ordinances allows up 36 -inch encroachments past the setbacks from balconies and overhangs so with their architecture they wanted to take advantage of that. They wanted to elevate the use of the white boxes or physical ground support. Vice Major Babij had no comments Major Zelniker asked that the residents follow the codes so that there will be no issues. She called for a motion. MOTION: Commissioner David moved to approve the proposed resolution. Commissioner Donaldson seconded the motion. UPON ROLL CALL: Commissioner David Yes Commissioner Donaldson Yes Commissioner Gossett -Seidman Yes Vice Mayor Babij Yes Mayor Zelniker Yes Motion carried on a 5 to 0 vote. Town Commission Regular Minutes Date: September 19, 2019 Paize 4 of 15 A. PROPOSED ORDINANCE / CERTIFIED MAILINGS (SECOND READING) Mayor Zelniker read the title into record. AN ORDINANCE OF THE TOWN COMMISSION 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. (FIRST READING WAS AUGUST 6, 2019) All Commissioners were in favor of the proposed ordinance. Commissioner Gossett -Seidman explained that residents complained that they should not receive public notices twice. Mayor Zelniker opened the public comments. There being no comments from the public, Mayor Zelniker closed the public comments. MOTION: Commissioner Gossett -Seidman moved to approve the proposed resolution. 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. B. PROPOSED ORDINANCE / PRINCIPAL STRUCTURE AND ACCESSORY STRUCTURE (SECOND READING) Mavor Zelniker read the title into record. AN ORDINANCE OF THE TOWN COMMISSION 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 Town Commission Regular Minutes Date: September 19, 2019 PaLie 5 of 15 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. (FIRST READING WAS AUGUST 6, 2019) All Commissioners were in favor of the proposed ordinance. MOTION: Vice Mayor Babij moved to approve the proposed resolution. 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. C. PROPOSED ORDINANCE / CERTAIN STRUCTURES AND ITEMS IN SETBACK AREAS (SECOND READING) Mayor Zelniker read the title into record. 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 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. (FIRST READING WAS AUGUST 6, 2019) All Commissioners were in favor of the proposed ordinance. MOTION: Commissioner David moved to approve the proposed resolution. Commissioner Donaldson seconded the motion. UPON ROLL CALL: Commissioner David Yes Commissioner Donaldson Yes Town Commission Regular Minutes Date: September 19, 2019 Paye 6 of 15 Commissioner Gossett -Seidman Yes Vice Mayor Babij Yes Mayor Zelniker Yes Motion carried on a 5 to 0 vote. D. PROPOSED ORDINANCE / TOWN COMMISSION WORKSHOP MEETINGS (SECOND READING) Mayor Zelniker read the title into record. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION", ARTICLE 11 "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. (FIRST READING WAS AUGUST 6, 2019) Commissioner David stated that she believes this will allow for more efficient meetings where there can be actual votes on items. She was in favor of this item. Commissioner Gossett -Seidman was in favor of this item. She thanked Town Manager Labadie and Vice Mayor Babij for coming up with such a great plan. Now there is a lot of time to go over things without having to wait months to get them back. Commissioner Donaldson stated that this would greatly increase the efficiency of the Town Commission and enable the town manager to take a few things off as white board. Vice Mayor Babij stated he like the idea of more votes, more frequently, with shorter meetings. Mayor Zelniker was is in favor. She open public comments, and there being no comments from the pubic she closed public comments. All Commissioners were in favor of the proposed ordinance. MOTION: Commissioner Donaldson moved to approve the proposed resolution. Vice Mayor Babij seconded the motion. Town Commission Regular Minutes Date: September 19, 2019 Page 7 of 15 UPON ROLL CALL: Commissioner Donaldson Yes Vice Mayor Babij Yes Commissioner David Yes Commissioner Gossett -Seidman Yes Mayor Zelniker Yes Motion carried on a 5 to 0 vote. E. PROPOSED ORDINANCE / BOARD OF ADJUSTMENT AND APPEALS Mayor Zelniker read the title into record. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ARTICLE VI "FLOODPLAIN MANAGEMENT", DIVISION 1 "ADMINISTRATION", SECTION 20-346 "VARIANCES AND APPEALS", AMENDING CHAPTER 30 "ZONING CODE", ARTICLE II "DECISION MAKING AND ADMINISTRATION", SECTION 30-23 "BOARD OF ADJUSTMENT AND APPEALS; ARTICLE III "DEVELOPMENT REVIEW", SECTION 30-31 "DEVELOPMENT REVIEW ESTABLISHED" AND SECTION 30-40 "VARIANCES AND INTERPRETATIONS"; ARTICLE IV "ZONING DISTRICTS", SECTION 30-64 "PROPERTY DEVELOPMENT REGULATIONS"; AND ARTICLE VI "NONCONFORMITIES", SECTION 30-103 "NONCONFORMING LOTS OF RECORD," TO PROVIDE THAT CERTAIN VARIANCES SHALL BE DECIDED BY THE BOARD OF ADJUSTMENT AND APPEALS AND CERTAIN VARIANCES SHALL BE DECIDED BY THE TOWN COMMISSION UPON RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie introduced this item. Vice Mayor Babii provided comments and clarification on comments made by the Board of Adjustment and Appeals Board. He stated that he believes the commissions intent was that single family new and existing variances to be determined by the Board of Adjustments and appeals, existing multi- family variances to also be determined by the board of adjustments and appeals and any new multi- family variances be the board of adjustments and appeals recommendation with the commission deciding. He went on to add that the Board of adjustments and appeals should decide on the multi -family height variances for existing structures. He feels that the commissions should get involved in the new multifamily variance because with a new multifamily development comes a much larger scale project, high development dollars, and a very high risk of probability of lawsuits. He stated that elected officials should have to shoulder the risk and it is not fair to ask volunteers to shoulder that risk completely on their own. He later went on to address statements made by the Town planner Town Commission Regular Minutes Date: September 19, 2019 Paye 8 of 15 who stated in a meeting that the planning board has the right to deny a variance that is approved by the Board of adjustments and appeals. There were some discrepancies in what the town planner stated vs what was in the minutes regarding her statements towards planning board and board of adjustments and appeals on the issue of variances. He made it clear that the planning board is kind of bound by whatever action has been granted whether the variance has been approved either the board of adjustments and appeals or the commission and that the decision made becomes basically the law. Commissioner David agrees with the ordnance Commissioner Donaldson is in agreeance with the ordinance. Commissioner Gossett -Seidman stated that she also was in agreeance with the ordnance but also discussed wanting the boards to meet quorum and have seven people on the board as well as being able to discuss two level mailing it on a future date. Major Zelniker opened the public comments. John Ross of Casuarina addressed statements made by Commissioner Gossett -Seidman as very important. He stated, "If people are appealing a decision or requiring adjustment then there's got to be a reasonable time limit under which you would be heard. If you can't get 4 people on the board of adjustments and appeals to build a quorum then the action would stop and wouldn't start again until somebody was appointed." The big advantage is going to the commission for these types of adjustments and appeals is we know where and when they will be there. It is also known that they won't be without a quorum. Though he thinks this is a very good resolution he feels like the next job is to tinker with a mandatory meeting schedule for that board. John Boden of 2407 South Ocean. Agrees and would like to offer one potential option. If a board does not have a quorum then the issue should be handled at the next Commission meeting. Doug Hillman of Dalton Place is very much in favor of the direction of the commission in terms of the multifamily versus the single family when the issue is a multifamily situation, in just his development alone for example there is one building that issue would affect is little as 40 families. But another building effects 240 families. Therefore, going to the board of adjustments and appeals when it is single family, would affect just one family. But it could affect in one complex alone 242 families. Something of that magnitude should go to the commission. He is suggesting the commission rethink that one issue of multifamily. He questions if a small group like that making that decision is the right thing to do or if it should be brought to the commission or potentially face an appeal or court action. Vice Mayor Babii had some clarification questions. Commissioner Gossett -Seidman explained that there is a two-step process in place. She stated that the ordinance should be passed now and then they can make changes as needed later. Town Commission Regular Minutes Date: September 19, 2019 PaLFe 9 of 15 Rick Greenwald of Tranquilily Drive stated that he agrees with Commissioner Gossett - Seidman. He understands the impetus for this is to remove some things from the commission's discretion and to place more responsibility on the resident advisory boards. He suspected it may turn out to be problematic. Both in terms of attendance moving things along continuity, he is not sure that the town gets that on a consistent basis. He stated that if commission decides to pass it, it is going to have to be with the idea that this may not turn out to be the best thing that the commission may need it to be. He also elaborated on what Doug Hillman was saying, if 240 people are in the building and somebody voted no on a variance that affects 240 people a variance is sought and turned down, it affects him. He is just concerned about the board being there on a reliable basis. He thinks commission should keep an open mind and really see how it works out so that things can move along in an efficient manner. Commissioner Donaldson stated that good points were heard. He then stated that eventually the commission would become a bit more selective when it comes to screening for board members. Commissioner David explained she is not concerned with the continuity because the Commission changes every year. This is moving in the right direction. She feels that some of the responsibility being given back to the board of adjustments and appeals is a good thing. For most cases this will work. Vice Mayor Babii asked the Town Attorney if the commission makes decisions if the BOAA cannot schedule a meeting or get together a quorum in a specific amount of time. Also asked if it was a good idea to have an ordinance like this put in place with a specified date of revisit. Town Attorney Torcivia replied that it might be difficult for staff to manage that. It is doable. He also stated that the town has a modified two-tier system in. -place. Commissioner Gossett -Seidman explained that last year Town Attorney Ryan noted that there were about 70% of the municipalities had two-tiered process where a board reviewed it and the appeals went to the commission. MOTION: Vice Mayor Babf moved to revise the writing of this ordinance so that the Board of Adjustment and Appeals handles all single-family home variances, both new and existing. The Board of Adjustments and Appeals should handle all existing multi -family variances. The Board of Adjustments and Appeals should review and recommend to the commission all new multi -family variances. Commissioner Donaldson seconded the motion. Douglas Hillman inquired about the appeal process. In the past how many multi -family requests were there? Town Planner McKinney explained there have not been any multi -family requests in the past year. Commissioner Donaldson explained that the Golden City property was a variance for multi- family high-rise that went to the board of adjustments and appeals. Town Commission Regular Minutes Date: September 19, 2019 Paze 10 of 15 UPON ROLL CALL Vice Mayor Babij Yes Commissioner Donaldson Yes Commissioner David Yes Commissioner Gossett- Seidman Yes Mayor Zelniker Yes Motion carried on a 5 to 0 vote. F. PROPOSED RESOLUTION / DECLARATION OF UNITY OF TITLE / 4202 AND 4206 INTRACOASTAL DRIVE Mayor Zelniker read the title into record. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING A DECLARATION OF UNITY OF TITLE SUBMITTED BY NON SIBI LLC FOR PROPERTIES LOCATED AT 4202 AND 4206 INTRACOASTAL DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. (THRV ITEM WAS .MO VE -D BET'ORE 1 TEM- 9A ON THE AGENDA) G. PROPOSED RESOLUTION / AMENDING RESOLUTION NO. 18-011 Mayor Zelniker read the title into record. A I 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 introduced this item into the record. There were no Commission comments. Mayor Zelniker opened the meeting for public comments on this item. John Ross of Casuarina provided comments concerning the surplus in the building fund and was asking if the money earned in the building department could be used to pay back some of the reserves. Town Manager Labadie provided additional comments about the surplus in the building fund. Town Commission Regular Minutes Date: September 19, 2019 Page 11 of 15 MOTION: Commissioner David moved to approve the proposed resolution. Vice Mavor Babii 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. H. PROPOSED RESOLUTION / SUPPORT OF THE CREATION OF A COMMUNITY REDEVELOPMENT WITHIN THE VILLAGE OF PALM SPRINGS, FLORIDA Mavor Zelniker read the title into record. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA IN SUPPORT OF THE CREATION OF A COMMUNITY REDEVELOPMENT AGENCY (CRA) WITHIN THE VILLAGE OF PALM SPRINGS, FLORIDA. Town Manager Labadie introduced this item. Commissioner David stated that there is no downside to the Town and she does not see a reason why it should not be passed. Commissioner Donaldson stated that he has no problem with expressing his support. Commissioner Gossett -Seidman stated she is in support as well as it will benefit the whole county. Vice Mayor Babij stated he is also in support. Mayor Zelniker stated that she feels that Highland Beach should be good neighbors. She then opened public comments. MOTION: Commissioner Donaldson moved to approve the proposed resolution. Commissioner David seconded the motion. Town Commission Regular Minutes Date: September 19, 2019 Paye 12 of 15 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. 10. CONSENT AGENDA A. Nomination to Reappoint Michael Kravit as a member to the Planning Board to serve a Three -Year term ending September 1, 2022. B. Approval of Meeting Minutes June 25, 2019 — Workshop Minutes July 23, 2019 — Special Minutes July 30, 2019 — Workshop Minutes August 6, 2019 — Regular Minutes Mayor Zelniker opened public comments. There being no comments from the public, Mayor Zelniker closed the public comments. MOTION: Commissioner David moved to approve the proposed resolution. Commissioner Donaldson seconded the motion, which passed unanimously. 44 UNFINISHED- BUSINESS A. None 12. NEW BUSINESS A. Consideration on the Renewal for Dental and Vision Insurance for Employees. Town Manager Labadie introduced this item. Commissioner David stated that she has no objections as the employees are getting the same services for less money. Commissioner Donaldson stated that he had no comments. Town Commission Regular Minutes Date: September 19, 2019 PaLye 13 of 15 Commissioner Gossett -Seidman stated that this is a move to strengthen the employees' benefits at a lower cost. Vice Mayor Babij had no comments. Mayor Zelniker stated that the town is receiving excellent benefits for less money. There were no comments from the public. MOTION: Commissioner David moved to approve the proposed resolution. Vice Mayor Babii seconded the motion. 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. 13. PUBLIC COMMENTS AND REQUESTS — AGENDA ITEMS ONLY There were no comments from the public. 14. TOWN COMMISSION REPORTS A. Commissioner Evalyn David stated that she had reports. B. Commissioner Barry Donaldson asked if quarterly water testing results in reports. Town Manager Labadie advised him that the State mandated water quality report was included in the Highlander. C. Commissioner Peggy Gossett -Seidman stated that there are concerns about the conflicting schedule of meetings with Jewish holidays and discussed various topics covered at a Palm Beach County Legislative Delegation meeting. D. Vice Mayor Greg Babij had no reports. E. Mayor Rhoda Zelniker discussed having issues with changing water facets or pipes every few years and how things should be handled. Also discussed the hurricane evacuation and readmittance situation that took place. Town Commission Regular Minutes Date: September 19, 2019 14 of 15 15. TOWN ATTORNEY REPORT Town Attorney Torcivia provided an update on his research related to the Fire -Rescue contract. 16. TOWN MANAGER REPORT Town Manager Labadie provided a report as follows: Special thanks for Officers Rissi and Brooke for handling a delicate family matter. Update on Florida Department of Transportation (FDOT). Requested a motion to move the October 1, 2019 regular meeting to Thursday, October 3, 2019 at 1:30 pm. MOTION: Commissioner David made a motion to move the October 1, 2019 regular meeting to Thursday, October 3, 2019 at 1:30 PM. 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 Commissioner Gossett- Seidman discussed the lawsuits that needed to be settled. Town Commission Regular Minutes Date: September 19, 2019 PaLye 15 of 15 17. ADJOURNMENT There being no further business, Mayor Zelniker called for a motion to adjourn the meeting at 3:25 PM. da Zelniker, . a or ATTEST: F- 1 10", -, eL� C 4/ "'anelda Gaskins, MX4C, Town Clerk Transcribed by Ganelle Thompson Date