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2019.09.24_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: September 24, 2019 3614 South Ocean Boulevard Time: 1:30 p.m. 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 Peggy Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins ABSENT Commissioner Barry Donaldson 3. PLEDGE OF ALLEGIANCE The Commission led the pledge of allegiance, followed by a moment of silence for those suffering from the flooding and the bad weather. 4. ADDITIONS, DELETIONS, AND APPROVAL OF THE AGENDA Vice Mayor Babij mentioned that he had no additions to the agenda, and that he would be leaving the meeting early today. If anyone wanted to move any items up, to feel free to do so. MOTION: A motion was made by Commissioner David, seconded by Vice Mayor Babij, and passed unanimously (5-0) to accept the agenda as presented. Town Commission Regular Meeting Minutes September 24, 2019 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 o little." By: Abraham Lincoln 6. PRESENTATIONS / PROCLAMATIONS A. None. 7. PUBLIC COMMENTS AND REQUESTS NON -AGENDA ITEMS ONLY Fred Rosen of Braemar Isles provided comments about the budget and tax increases. He stated that after looking at the different towns proposed tax increases and percentages, they are all doing what they have to do. After reviewing the percentage of Highland Beach increase this year, it is not that much. Mr. Rosen stated although Highland Beach was able to dodge a hurricane, eventually, they will receive one and the town is not prepared financially. The commission or whomever is on the commission next year should consider more of an increase in taxes and increase in the water rates as well. John Boden of 2407 South Ocean Boulevard explained that he had several questions to ask on behalf of Robert Jacobs. Will there be more flags at different locations; what was the status of the Florida Department of Transportation (FDOT) approval project; and do we have the latest cost estimate, which excludes some of the things that are not going to include in the light project? Douglas Hillman of Dalton Place provided comments about the uses of the flags at the crosswalks at Boca Highlands. He stated that his area has received very good responses on the flags, and more people are starting to use them now. One group was walking across the street with two flags in their hands. He then suggested adding more holes in the stand because the flags end up on one side without enough holes. Page 2of16 Town Commission Regular Meeting Minutes September 24, 2019 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Mayor Zelniker read the Boards, Committees Vacancies, and Announcements as follows: A. Board Vacancies/Interviews 1. Code Enforcement Board — Three vacancies: One vacancy for an unexpired term ending July 1, 2021, one vacancy for an unexpired term ending August 1, 2021, and One vacancy for an unexpired term ending May 28, 2022 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 B. Upcoming Meetings and Events 1. Town Commission Regular Meeting — October 3, 2019 — 1:30 p.m. 2. Planning Board Meeting — October 10, 2019 — 9:30 a.m. 3. Town Hall Closed — October 14, 2019 — Observance of Columbus Day 4. Financial Advisory Board Quarterly Meeting — October 24, 2019 — 9:30 a.m. 5. Town Commission Regular Meeting — October 29, 2019 — 1:30 p.m. C. Board Action Report 1. Planning Board John Boden, a member of the Planning Board, provided a report on the three items discussed and approved at the Planning Board meeting held on September 12, 2019. He stated that the Board approved the house on 4403 Intracoastal Drive, recommended approval of a dock at 3833 S Ocean Blvd., and recommended the extensive progress, and reviewed the report by the Building Department over the extended and extensive progress the Billing Department has made which has met expectations and more. Page 3of16 Town Commission Regular Meeting Minutes September 24, 2019 9. ORDINANCES AND RESOLUTIONS Mayor Zelniker read the title of the Resolution into the record. A. RESOLUTION NO. 19-026 / FEE SCHEDULE FOR FY 2019/2020 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING THE FISCAL YEAR 2019-2020 SCHEDULE OF FEES WHICH ESTABLISHES REASONABLE FEES FOR TOWN SERVICES AND OTHER CHARGES; UPDATING THE BUILDING AND LAND DEVELOPMENT FEES; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie introduced this item. He explained the supporting documents for this item include a marked -up version and a clean version of the fee schedule. There were a few adjustments to the fee schedule. Plan review charges were added to the Building Department fees. Currently, the building department reviews all the documents at no cost, and if no one comes to get the permit, the Town has to assume that consultant costs without being able to recoup any charges. Also included are short-term rental fees, which we call vacation rental fees. This is for residents to register their properties, their inspection, any change of agent, and then any penalties found or discovered during the change. There are also a few water use rate modifications to the Resolution that was approved based on the current water -sewer rates steady. Vice Mayor Babij inquired about what was presented on the first page of the development approval applications. He wanted to know if that was the plan review or is the plan review under section D on the third page. He asked where all the fees came from. Town Manager Labadie clarified his previous statement and noted that the fees came from the building official. He also talked about the solid waste recycling services, and the adjustment is a correction were floor rates go up three percent a year. Commissioner Gossett -Seidman asked if the short-term rental fee of $50.00 was enough for Airbnb. Town Manager Labadie explained that the fees were modeled from other municipalities. Commissioner Gossett -Seidman referenced permits. She inquired about the process for notifying residents that the permits they have requested were ready for pick up. Town Manager Labadie explained that there are no written administrative guidelines. Commissioner Gossett -Seidman suggested that the Building Department come up with a checklist, as residents may not know that the builders were not working in a timely manner. Commissioner David stated she thought the fees were high, and that she wanted to see a more consistent pricing scale. She inquired about the person who reviews the plans and asked is the person an in-house person or outsource person. Commissioner David stated that the Town should not be adding money. She said that she needs a lot more information. Page 4of16 Town Commission Regular Meeting Minutes September 24, 2019 Mayor Zelniker stated we have been working on this for over a year, and if more work is needed that will have to be done to get it right. Commissioner Gossett -Seidman inquired about providing more information. Town Manager Labadie suggested the Commission table this item to a date certain of October 3. Commissioner David asked what is considered comparable. She stated that she is not sure if the fees are comparable and does not consider Boca Raton and Delray comparable to Highland Beach. She stated that although Gulfstream and Ocean Ridge are slightly more comparable to Highland Beach but Highland Beach has more condominiums than they do. She mentioned that the fees should be in a reasonable range, and she would like some feedback. Vice Mayor Babij agreed with Commissioner David. He agreed that there needs to be a fee for short-term rentals that doubling of fees does not make much sense, and that was something that needed to be resolved. Mayor Zelniker opened the item for Public Comments. Douglas Hillman concurred. He stated that Highland Beach is not the same as Boca Raton or Ocean Ridge. If Highland Beach can cultivate data from a range of municipalities, the Town may be able to come up with a fee schedule that falls into a range that would be like or similar. He stated that he agreed with the issues of the nuisance fees. He did not agree with $200.00 for a permit tank when the tank cost $600.00. Town Attorney Torcivia provided comments about an article in the newspaper about Palm Beach County Tax Collector Anne Gannon, and an agreement regarding Airbnb related to short-term rentals. Mayor Zelniker stated that this was good information and that down the road, there may be a separate ordinance just for this issue. She noted that the reason why this issue came about was because the fees in Highland Beach were low. MOTION: A motion was made by Commissioner David, seconded by Vice Mayor Babij, and passed unanimously to TABLE this item until the information has become available and then place the item on the next available date. 10. CONSENT AGENDA A. None. Mayor Zelniker suggested that Commission and Town Manager Labadie should consider removing the "Consent Agenda" since voting action could now be taken at every meeting. Page 5of16 Town Commission Regular Meeting Minutes September 24, 2019 11. UNFINISHED BUSINESS A. None 12. NEW BUSINESS A. Discussion on Amending the Agreement Brandano Displays, Inc. regarding holiday lights and decor. Town Manager Labadie explained that he had spoken with Brandano Display, Inc. to find some level of solution, reducing the cost, and getting rid of some of the decorations. They have proposed several options as follows: 1) remove the life-size nativity set, and 2) nine -foot dreidel, from the contract. The company will assume these items back into his stock and reduce the annual cost from the contract for a cost reduction of $4,000.00 per year, which would be a savings of $12,000 over the length of the remaining contract. The other option was to terminate the contract altogether and go a different route. Commissioner Gossett -Seidman asked if the lights could be diluted in one area and placed on municipal buildings such as the library. She stated that all the lights were concentrated in one area, and everywhere else was dark. She then said that if this is possible, this might be an effective route. Town Manager Labadie explained he could reach out to Brandano and ask them to spread the lighting around to the other buildings. However, it is uncertain if there would be additional fees to spread around the lighting and possibility redesign the customized decor. Commissioner Gossett -Seidman stated this might be an effective solution. Vice Mayor Babij stated that if this is what is recommended, he is okay with it. He also stated that the display would need to be tasteful, and that contract should not be canceled. Canceling the contract could result in the Town owing a lot of money. Big fan of less ostentatious. Commissioner David explained that of both of the options, she would only go with one of the options. Pay them the $18,000.00, cut the losses, and then find someone else who could more appropriately light the front of this building. She proceeded to provide remarks about reducing the cost of the contract by $12,000.00, the 30 days option to get to of the contract, the amount of planning it takes to wrap lights around the trees, not owning the nativity set, nor the menorah and appropriate lighting on certain Town -owned buildings. She stated we should get out of this contract. Vice Mayor Babij asked if there were any other cost estimates from other vendors available. Town Manager Labadie explained that it would depend on what the Commission wanted. The decorations are elaborate. He is sure if the Commission wanted something more straightforward, Page 6of16 Town Commission Regular Meeting Minutes September 24, 2019 the cost would be significantly less and if the Commission would be able to come to a consensus on a new look, feel, and understanding of the holiday decorations. He proceeded to provide comments about this subject matter as it related the well attended 2018 event, reduction in the cost, installation, and maintenance of the decorations, 24 feet Christmas tree, the menorah, and the elaborate decorations, which was selected in good faith by the Commission. Mayor Zelniker provided comments about the history of the holiday lighting displayed in the past. She stated that in 2017, there were only a few yellow lights as there was no Christmas tree. She noted the community was very upset, as they did not feel that the decor was a representation of the Town. She proceeded to provide comments about the holiday decorations at Town Hall in the past years and the decoration throughout the Town. She stated that she does not want to offend anyone by completely removing the decorations. She also asked if the trolley cars are on the table to be removed as well as they are a part of the holiday festivities. Commissioner David stated that the trolley cars have nothing to do with the decoration display, and, she was not suggesting removing them from the festivities. She goes on to say there can be a happy medium between having nothing, and the display is over the top. She stated that she knows that many people were horrified of the holiday display. Commissioner David proceeded to provide remarks about the holiday lighting, 24 -foot Christmas tree, and decoration. She mentioned that an $11,000 rental for a tree is excessive. $1001000 idea for holiday decorations just seemed way over the top for her. Commissioner Gossett -Seidman mentioned that the former Vice Mayor and Commissioner handled this project. She stated she was wondering if there were any other bids or paperwork. She proceeded to comment on decoration/lighting in Bel Lido neighborhood cost for holiday lightings. Discussion ensued about the various holiday lighting decoration costs in the Commissioner's neighborhood or condominiums. Vice Mayor Babij mentioned Commissioner Gossett -Seidman brought up a good idea about looking at the other bids. Mayor Zelniker opened the item for Public Comments: John Boden of 2407 S Ocean Blvd. noted the contract could not be fixed. Page 7 of 16 Town Commission Regular Meeting Minutes September 24, 2019 Douglas Hillman of Dalton Place asked if it was $18,000.00 to get out of the contract. Commissioner David replied it cost $18,329.00 to get out of the contract. Mr. Hillman stated that money is the subject. If we had no inventory, no contract, no nothing, what would the Town want the display to look like? His building spends slightly over $5,000 for two front entrances. Optic first and money second. He stated that he would do away with the contract, get a few bids in order to save money, have a great presentation, and do a nice Christmas. Commissioner Gossett -Seidman asked if the item could be tabled until more bids become available. Town Manager Labadie explained under the contract, and the first payment is due now. He asked Commission whether the Town wanted to modify or get out of the contract. He states that there will be a tree and a menorah. He explains that there are ways to scale it back. We will have a menorah and a Christmas tree. Mayor Zelniker stated we should have a creche. Discussion ensued about the customized holiday decorations, the things Commission can do to scale the decorations back, and the potential to cancel the contract. Vice Mayor Babij stated that he is suggesting that figuring out what the previous bids by October 3, 2019. Discussion ensued about the other bids. Town Clerk Gaskins explained that there were three other bids brought before Commission in an agenda packet. Town Attorney Torcivia explained that there might be options. He stated that the Town might be better off keeping the contract as is and canceling the contract in January, or accepting the amended agreement with the $4,000 off and by January still canceling the contract at less of a loss. He mentioned that the other bids that presented last year might not even be honored, so that is something that needs to be kept in mind. Commissioner David stated that if anything, they would have to reduce because the display just was not appropriate for the Town. Town Manager Labadie explained that there are options that maybe not save any money but still scaling back the holiday decor a bit. The Town may not be compensated for scaling it back. Town Attorney Torcivia suggested a negotiation strategy of renegotiating the contract to making it a permanent contract. It guarantees that the Town will complete the contract to term with concessions of course giving the Town Manager time to negotiate the contract further if the Town is willing to stick to the vendor or design. Page 8 of 16 Town Commission Regular Meeting Minutes September 24, 2019 Fred Rosen of Braemar Isle explained that he agreed with Attorney Glen Torcivia. Take the hit now and end the contract in January or February, when you can get together and do something reasonable. Town Attorney Torcivia suggested giving Town Manager Labadie until October 3 to see what can be negotiated though there is not much optimism that they can reach a resolution by then as the contractor is busy because he is a nationwide business. Commissioner David suggested to go with alternative two, have the company spread out where the lights go, do it the way it way, remove some of the Christmas tree ornaments, put some of the lights at the other end of Town, and we can decide in January if we are going to go forward another year. Discussion ensued about offending the residents in Town other religions. MOTION: A motion was made by Commissioner David, seconded by Vice Mayor Babij, and passed unanimously (4-0) to go with alternative two and reduce the cost by $4,000 with the stipulation that the quantity of lights and decorations in the front of the building are reduced, some of the lights are put at the either end of Town, and the ornaments on the Christmas tree are greatly reduced. B. Approval of Town Commission Meeting Schedule for Fiscal Year 2019-2020. Town Manager Labadie introduced this item and explained the 2019-2020 meeting schedule. The Commission would have meetings on the first and third Tuesday's of the month for fiscal year 2019-2020. The first Tuesday has to be retained. He wanted to find gap to find a meeting relief for the Commissioners during the summer vacation season for at least a couple of weeks. Commission will have a little break to collect yourselves and get ready for moving forward. Commissioner David stated she understand that there has to be a meeting on the first Tuesday of the month. The third Tuesday is optional. Town Manager Labadie replied that is correct. He proceeded to explained that the third Tuesday was listed on the meeting schedule because there tends to be a lot of work. Commissioner Gossett -Seidman agreed with Commissioner David. She stated that at some point she would also like to discuss her observations of other municipalities and how members of their council are able to phone in live at the meeting. Page 9of16 Town Commission Regular Meeting Minutes September 24, 2019 MOTION: A motion was made by Commissioner David, seconded by Commissioner Gossett -Seidman, and passed unanimously (4-0) to accept the Commission Meeting Schedule for FY 2019-2020 as presented. Town Manager Labadie stated with that change the October 29 meeting date no longer exist and is invalid now that the meeting schedule has been approved. Mayor Zelniker suggested that an email be sent to the public making them aware of the new meeting dates. Town Manager Labadie replied staff would send it out tomorrow. Commissioner Gossett -Seidman provided remarks about having to provide the agenda supporting documents 10 days in advance of the meeting date. She suggested now having the meetings every two weeks we might want to revise that to give more flexibility. Discussion ensued regarding submission of agenda items and timeliness. Town Manager Labadie explained we could bring the Resolution before Commission for further discussion. Vice Mayor Babij asked when you say bring that Resolution back, which Resolution. Discussion ensued about the Resolution, which states that agenda items are to be submitted to the Town Clerk 10 days prior to the meeting day and the potential to strengthen the Resolution for more agenda control. C. Town Attorney Legal Opinion Regarding City of Delray Beach Fire -Rescue Contract. Town Attorney Torcivia introduced this item. He gave an extensive and in depth history of the fire contract as follows: "This was actually a somewhat of a fun project because I was always a history buff and as you can see this is as much history lesson as it is legal opinion. One thing that kept coming through to me is that this is an issue that this Town has wrestled with for almost 30 years, maybe longer than that because my research on the back to 1990. My sense is we probably always well because it is such a big-ticket item and you know its life safety is critical. I think historical issue is that the price that's being paid is certainly reasonable when you compare it to what else is available out there and the only real other option and again this isn't so much legal part of the history part is Palm Beach County fire rescue and as you know Matt Lalla indicated earlier and we went at the Town went that route it would double your cost to $9.1 your costs to million this year has to be based on a millage rate and as I pointed out in there that was a point in time where many of this community is particularly the wealthier communities with the higher valuations were lobbying the county Commission to go back to a system that it was more of a fee based on population. They rejected that you know they obviously got pressure from other communities and they made the decision and it is been in place now for 25 years or so that it is Page 10 of 16 Town Commission Regular Meeting Minutes September 24, 2019 based on the millage rate and they have a countywide millage rate of about 3.5 mils, which as Matt said is little over $9 million for this community. A community like Belle Glade or Pahokee are going to have much lower amount. My guess, I am not a budget person, I'm guessing they are paying two, three, or $4 million for population is probably double the size but it is based on the valuation. When you look at the other communities as you can see, you know back in the 1990`s as well as 2015. There was this extensive survey by both commissions and staff and who else available. Back in the 1990's, they said no as well as 2015, they said no. Apparently, the City of Boynton was not approached in the 90's but they were approached recently and they said very politely made great conversation with them, they are just too far away their near station. The practical issues are, every time our rescue vehicle leaves the Town to go to a hospital to bring one of our residents or any number reason it is leaving, it is going to have to be another vehicle on the way at least because if a second person has a heart attack a car accident. In addition, Boynton was just too far away and their price would have been a little bit higher primarily because of that. There was a look back again in the 90's about. Do you start your own Fire Department? There was a look three years ago by the coastal communities the six coastal communities. You know from Manalapan down through Gulfstream, and Ocean Ridge and us and South Palm as to, do you create a coastal barrier Island fire rescue there and there was a report I actually never received the final report I'm not sure if its somewhere in the town archives, but at least the draft reports and the conversations that I remember from Highland those other communities is just too expensive. The start-up costs. We are a lot. The ongoing cost was going to be more than what the towns are paying. Therefore, even the idea of collaborating with the other departments, the other cities was difficult. In addition, you know we also learned over and I have been involved with fire rescue issue since the middle 1980's this that its redundancy. There were very big and you can see why. They want to have that second vehicle ready. They want to have that second hook and ladder available. Even though you have mutual aid agreements with other communities that will come in event of those mass disasters, on a day in and day out basis that is what hurts. The other thing that made it difficult was again in the 90's the county adopted a countywide standard of the number of firefighters you have to have. You have to have at least three and it use to be two. So, if every time the truck roll and you have two firefighters that is certain cost. If you have to have three you have just increased your cost by a factor... that is a big increase. That caused several communities like Palm Springs for example is one of them to have to go up the Fire Department because they could not afford to meet that increase staffing level. Therefore, that is the difficulty in a practical standpoint is. I do not want to say it is your only game in Town but pretty much, Delray is your best option short of starting your own department and every study indicates that's very expensive both starting up an ongoing. The legal issues are a little more straightforward. I gave the analogy last week about the Town's you know $350,000 funding limitation and the Commission in 1991, was very interesting. There was no discussion that I found on that funding limitation until the meeting when the motion was made to put on the agenda. Then the second reading and that was it, the minutes were less than a paragraph each time where fire issue consume, dozens and dozens of pages of discussion over many years but that issue was just brought up voted on passed and there's no real background Page 11 of 16 Town Commission Regular Meeting Minutes September 24, 2019 to go to as to why and what the intent was. In 93 the Commission at the time and that an attorney time concluded that this type of a contract and it was with Delray and it was multiyear, it was millions of dollars but it did not violate the provision as I mentioned this kind of like going back and talking to Thomas Jefferson and saying what was your intent in writing this paragraph of the Declaration of Independence. We luckily have the minutes that say what their understanding and what their intent was. That was the type of an agreement that did not violate the funding limitation. The second issue is whether it violates the general prohibition about or restriction on communities. Pledging tax revenue and that is a much more complicated and nuanced issue. The easy one is when you float bonds and you go to referendum. Again, back then and now the same analysis still holds you not pledging revenues because if you have ever read bond documents or anything like that. You are pledging you are actually using the word we are pledging ad valorem revenues. There are no security interests that were giving. It is not as if we are saying that we are mortgaging the building. Delray has the contract for those vehicles they are providing a service and their service they have to provide, firefighters and uniforms and oxygen and medications and vehicles, and oil and gas and everything else. Not to go back to the to the holiday display. However, it is kind of the same thing, that person is providing equipment supplies and human beings to the services. That has been the way that the courts and mostly (incoherent) there is not a lot of court cases because most of these get resolved. I thought about, do I name people but actually the throw some of the names of these different attorneys over the years who have reviewed and approved this. I did not know that the first county contract in 1990 was reviewed and approved by Denise Borrell now known as Denise Neiman who is the county attorney and has been the county attorney for over 20 years. We work together back in the 80, Denise is a very bright and knowledgeable attorney in the local government world, and she signed off on this on behalf of the county. Tom Sliney who was here for many years and a very well respected attorney in this field he signed off on these Susan Ruby was the city attorney for Delray Beach over 15 years. Susan approved these agreements, and I believe Noel Pfeiffer, who was only at Delray for a little while. He had a long career in local government in Broward and I signed off for the Town so I do not think all five or six of those attorneys who collectively have probably of a 100 years of practice in local government law are all missing this issue. The short answer is you know my last concluding paragraph is in the 2016 fire rescue interlocal is lawful. Moreover, hope the history to be helpful. I wrote are partially for financial advisory board because I know they were directed to do this I think this might help them. And for future generations to look back and trying to compile what was literally, you know 3 feet of documents and distilled down to the most important ones." Commissioner David explained that she agreed that the agreement was legal. If you have to put this on a referendum, you would have to have a referendum every year. She stated that the City of Delray Beach was the best option for the fire contract. It is a symbiotic relationship. She agreed with the Town Attorney. Vice Mayor Babij thanked Town Attorney Torcivia and stated that from a legal standpoint the Page 12 of 16 Town Commission Regular Meeting Minutes September 24, 2019 fire contract seems valid. Commissioner Gossett -Seidman stated that she would prefer to hold her comments and discuss it later on in the meeting. Mayor Zelniker elaborated a little on what Town Attorney Torcivia stated earlier. She then read minutes, which were comprised of the opinions of Mayor, Commission, and the attorney who were involved in 1991 charter funding limitations, provision. Fred Rosen explained that last week there was an incident at Braemar Isles. There was a vehicle going too fast, the vehicle flipped over and roof collapsed. City of Delray Beach Fire -Rescue responded within minutes. He stated the price that the Town is paying is reasonable. Town should stop messing with the contract, and keep the agreement with Delray. D. Discussion on the City of Delray Beach Fire -Rescue Contract. Commissioner Gossett - Seidman Commissioner Gossett -Seidman introduced this item into the record. She stated that the big question remains. There are five years on this existing contract and how do we pay for 38 million more dollars in the next five years. 38 Million. She states that it makes a referendum pale in comparison. She questions what happened if the referendum passed and now 38 million is what is owed in the next five years to bring the total to 51 million if continued at an eight percent rate hike with compound interest every year. She did the numbers herself one weekend about three weeks ago and being that she is not a math major, came up with 46 million and 48 million and I asked Marshall Labadie at the time to please crunch the numbers. So how should this issue be handled, should the taxes be raised or cut services are both in the next five years. When she did the numbers going forward because we have a tenure option. Again, these numbers might not be correct. It is looking like seven million and change that we would be paying in the fiscal year 2025, 2030, five years later and we are looking at 11 million for that year. Going forward 20 35 for that single year fiscal year, we are looking at around 15 million and change for one year. She continued the elaborate on the topic. She also had specific questions for the attorney. She asked, "Why we do not get any credit for having a firehouse and maintaining I believe 2 weeks ago we had to pay for the replacement of AC units. Therefore, we do not really have any credit back in the contract for that. Expresses concern over 29 -year-old contract. Town Attorney Torcivia elaborated on Commissioner Gossett-Seidmans concerns. He stated that the maintenance of the firehouse was more of a business decision and not a legal decision. The budget is lawful. Page 13 of 16 Town Commission Regular Meeting Minutes September 24, 2019 Commissioner David questions where Commissioner Gossett -Seidman came up with the numbers and questions what was in the budget years ago when the budget for fire was presented. She went on to say that, the discussion was premature, as the Financial Advisory Board (FAB) has not yet come back with any information regarding this contract. Vice Mayor Babij stated that there is not much room for negation because Highland has limited options when it comes to the fire contract. He does think there is time to do something down the road. Mayor Zelniker states that she would be in agreeance with the FAB if they wanted to bring in a consultant to take a closer look at the fire contract. Town Clerk Gaskins introduced an email about this item from Commissioner Donaldson who was not in attendance to the meeting. Mr. Douglas Hillman stated he asked questions in regards to what exactly did commissioner Gossett -Seidman want the FAB to look into. MOTION: A motion was made by Commissioner Gossett -Seidman, seconded by Vice Mayor Babij, and passed unanimously (4-0) to ask the Financial Advisory Board (well-qualified people and get it staffed up) to look at hybrid department where we have two trucks and backup from the City of Delray Beach. (The motion was interrupted cross talk). Commissioner Gossett - Seidman proceeded with her motion as stated: to include a hybrid department, a stand-alone, self -staffed department such as the Village of Tequesta has or continuance with the City of Delray Beach or any other service. Discussion ensued: Commissioner Gossett -Seidman stated that she is just offering those as ideas that came forward that other municipalities have embraced during her research. Mr. Douglas Hillman stated he understand on behalf of the Financial Advisory Board. Town Attorney Torcivia noted the motion is to explore other alternatives including those that were outlined by the Commissioner. Vice Mayor Babij left the dais at 3:45 p.m. Page 14 of 16 Town Commission Regular Meeting Minutes September 24, 2019 E. Approval of Meeting Minutes August 1, 2019 — Special Minutes September 5, 2019 — Special / First Public Hearing Budget Minutes MOTION: A motion was made by Commissioner David, seconded by Commissioner Gossett -Seidman, and passed unanimously (3-0) to accept the August 1, 2019 Minutes and September 5, 2019 minutes as presented. 13. PUBLIC COMMENTS AND REQUESTS — AGENDA ITEMS ONLY Rick Greenwald of Tranquility e mentioned that it would be good if everyone were remembering we have a Town Manager. It is best that the Building Official be available. About Town Holiday Lighting, it should be through the Town Manager and staff. He provided comments about the discussion on the Fire -Rescue. Preliminary Discussion should be had with the City of Delray Beach. 14. TOWN COMMISSION REPORTS A. Commissioner Evalyn David had no report. B. Commissioner Barry Donaldson was absent. C. Commissioner Peggy Gossett -Seidman stated that she appreciate her fellow Commissioners, Town Attorney and Town Manager. She mentioned that she would not be a seated Commissioner, and let something passed by such as the referendum and not try to catch it when we need to look forward and not backward. D. Vice Mayor Greg Babij left the meeting early. E. Mayor Rhoda Zelniker encouraged the resident to get their flu shoot, because it is going to be very bad this year. 15. TOWN ATTORNEY REPORT Town Attorney Torcivia had nothing to report. Page 15 of 16 Town Commission Regular Meeting Minutes September 24, 2019 16. TOWN MANAGER REPORT Town Manager Labadie gave a report highlighting the following: this coming Friday, 3800 Block of Ocean Walk there will be milling and repaving. Crosswalks — there seems to be an interest to expand the flags. Must contact Florida Department of Transportation (FDOT) to ensure there permit preliminary approval for the complete project and enhancement of the crosswalks. Direct Appropriation request for the crosswalks, would like a run at bidding it out, and we will hit the streets with the bids. The cost estimate is around $400, which is $50 over the threshold but this is an estimate. The American flood coalition has passed Resolution, 18- 006 R to participate actively in this group. They have a Mayors only conference where mayors can attend and all cost of attendance will be reimbursed by the organization. He has reached out and has spoken with the City of Delray Beach City Manager regarding Fire - Rescue and the Fire contract. 17. ADJOURNMENT 18. There being no further business Mayor Zelniker called for a motion to adjourn the meeting MOTION: A motion was made by Commissioner David, seconded by Commissioner Gossett -Seidman to adjourn the meeting at 3:59 p.m. APPROVED at December 3, 2019, Regular Meeting. ATTEST: Lanelda Gaskins, MW Town Clerk Rhoda Ze V er, Mayor Transcribed by Ganelle Thompson Administrative Support Specialist gzaml�ur. Date Page 16 of 16