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2019.10.03_TC_Minutes_Regularo TOWN OF HIGHLAND BEACH • - •' TOWN COMMISSION REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: October 03, 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 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 the troops. 4. ADDITIONS. DELETIONS. AND APPROVAL OF THE AGENDA Commissioner Gossett -Seidman removed Item 12C from the agenda. MOTION: Vice Mayor Babij moved to accept the agenda as amended. Commissioner David seconded the motion, which passed unanimously. Town Commission Regular Minutes Date: October 3, 2019 5. CIVILITY PLEDGE Town Clerk Gaskins read the Pledge of Civility. We will be respectful of one another even when we disagree We will direct all comments to the issue We will avoid personal attacks "Politeness costs so little." By: Abraham Lincoln 6. PRESENTATIONS /PROCLAMATIONS A. Domestic Violence Awareness Month Proclamation Page 2 of 20 Mayor Zelniker introduced the Proclamation proclaim the month of October 2019 as "Domestic Violence Awareness Month." Chief of Police Craig Hartmann presented this item and introduced Jennifer Ray, Director of Aid to Victims of Domestic Abuse, Inc. (AVDA). Ms. RM thanked Mayor Zelniker, the Commissioners, and the Highland Beach community for their continued support She appreciated the commitment and the proclamation proclaiming Domestic Violence Awareness month in Highland Beach_ Vice Mayor Babii provided remarks on domestic violence and how it has affected Palm Beach County as well as the United States. He provided statistical data associated with domestic violence, as stated: "Domestic violence costed over 12 billion dollars in lost wages and healthcare costs. There were 4000 cases of domestic violence in Palm Beach County last year. The AVDA shelter served 400 people and are always at full capacity; every socioeconomic level was impacted, and one in four women become victims of domestic violence at some point in their life." He mentioned that the AVDA hotline number was 800-355-8547. He and his wife are big supporters of ADVA. 7. PUBLIC COMMENTS AND REQUESTS NON -AGENDA ITEMS ONLY Jane Perlow, of Toscana We provided comments about the fire contract with the City of Delray Beach. She mentioned that the contract should be negotiated before October 1, 2020, the residents needed to be informed early, the Town must demand a forensic audit from the City of Delray Beach. She also commented about the fire budget and how the town could cut the cost to lower the budget, considering how many fires and emergencies have been in Highland the past year. She asked if a vendor ambulance service would be more beneficial. Lastly, she expressed concerns about Commissioner David and Mayor Zelniker's approach towards Commissioner Gossett- Town Commission Regular Minutes Page 3 of 20 Date: October 3.2019 Seidman and encouraged the Commissioners to read the agenda materials prior to the meetings. Ms. Perlow gave Town Clerk Gaskins a copy of her comments. David Axelrod of 3747 Ocean Blvd., Chairperson of the PlanningBo oard, provided remarks about Town Planner Mary McKinney's professionalism, skills as a planner, her resignation, and encouraged Town Manager Labadie to hire an experienced Town Planner comparable to Mary McKinney's experience. Mr. Axelrod also provided comments about the Jewish holidays and noted that no meetings should be held on Jewish holidays. Fred Rosen of Braemar Isles mentioned last week that he provided a picture of an accident where a vehicle was upside down. He commented about the City of Delray Beach Fire -Rescue and how he appreciates them. The Town does not have an option to change at this point. He mentioned that he took it upon himself to call Fire Chief DeJesus to thank him for the excellent service and to tell him how much they appreciated the professionalism and excellent service. John Ross of Casuarina commented that the Town should publish a link to AVDA on its website. The emailed that the Town sent to the residents explaining how the water in Highland Beach was safe to drink, and that the letter was ill-advised as it both fans to reassure the residents while at the same time, succeeds in insulting those resident's intelligence. Mr. Ross also provided remarks about violations for 12 consecutive quarters, the break of two quarters, and serious violation. The Town should have informed the residents of these violations, explained to the residents what they are and how they would be remediated. He then commented about the Environmental Protection Agency (EAP) data and Town sharing the data. He explained that when the Committee to Save Highland Beach referred to the Commission, it was talking about Commission not respecting the residents. He encouraged the Commission to make the residents aware; do not hide things from residents. He asked the Commission to show the residents the facts and allow the residents to make up their minds. He wanted to know why the EPA stated the Town is in violation. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Mayor Zehiiker read Items 8A through 8C into the record. A. Board Vacancies/Interviews 1. Board of Adjustment & Appeals Board — One vacancy for an unexpired term ending January 2, 2020. The vacancy was due to the recent resignation of Don Gill. Staff emailed the Commissioners on October 1 about the resignation. 2. 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 3. Natural Resources Preservation Advisory Board — One vacancy for an unexpired term ending April 30, 2021 Town Commission Regular Minutes Date: October 3. 2019 B. Upcoming Meetings and Events 1. Planning Board Meeting —October 10, 2019 —9:30 AM 2. Town Hall Closed — October 14, 2019 — Observance of Columbus Day 3. Financial Advisory Board Quarterly Meeting— October 24, 2019 — 9:30 AM 4. Town Commission Regular Meeting —October 15, 2019 —1:30 PM C. Board Action Report 1. None. 9. ORDINANCES AND RESOLUTIONS Mayor Zelniker read the title of Item 9A into the record. Page 4 of 20 A. RESOLUTION NO. 19-027 R / REQUEST FOR SPECIAL EXCEPTION APPROVAL FOR 3833 AND 3906 SOUTH OCEAN BOULEVARD A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR PROPERTIES LOCATED AT 3833 AND 3906 SOUTH OCEAN BOULEVARD (DOCK LOT) TO ALLOW FOR AN ACCESSORY USE TO BE UTILIZED AT 3906 SOUTH OCEAN BOULEVARD 500' FROM THE PRINCIPAL USE LOCATED AT 3833 SOUTH OCEAN BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie introduced this item and explained that this was the Rothberg unity of title project that the Commission had talked about for some time. One property was zoned on the oceanfront, which was not immediately across from the property. It was adjacent to the second lot and was within the permitted distance that was approved in the ordinance for accessory use. He explained that the accessory issue was predicated on the special exception being granted by the Commission after a recommendation from the Planning Board. If the special exception is approved, then there will be the unity of title, which is the next agenda item, where it would break and then immediately execute a new unity of title. Commissioner David commented that both resolutions are appropriate. Commissioner Gossett -Seidman had a question concerning the release on this agenda item. She explained that the agenda item was released in the agenda packet on Friday, and then the item was recently sent to the Commission. She could not find a change from one to the other and wanted to know if there was a significant change. Town Clerk Gaskins explained that there were no changes made to the agenda item and that several pages were missing from the original agenda item. The staff only added the missing pages. Commissioner Gossett -Seidman mentioned that she was happy to move on and have everyone live a happy life on their unified lots. Town Commission Regular Minutes Page 5 of 20 Date: October 3, 2019 Vice Mayor Babi stated this should be approved. Mayor Zelniker opened the item for public comments. Eric Goldenberg of 3912 South Ocean Blvd. mentioned that he thought the 500 feet was changed to 1000 feet. Town Manager Labadie and Town Planner Mary McKinney both replied that the 500 feet were changed to 1000 feet. There being no further comments, Mayor Zelniker closed the public comments. MOTION: Commissioner David moved to adopt Resolution No. 19-027 R, pending the adoption of the next resolution. Vice Mayor Babij seconded the motion. UPON ROLL CALL: Commissioner Evalyn David Yes Vice Mayor Greg Babij Yes Commissioner Gossett -Seidman Yes Mayor Rhoda Zelniker Yes Motion carried on a 4 to 0 vote. Mayor Zelniker read the title of Item 9B into the record. B. RESOLUTION NO. 19-028 R / RELEASE OF UNITY OF TITLE FOR 3921 AND 3906 SOUTH OCEAN BOULEVARD /APPROVAL OF UNITY OF TITLE FOR 3833 AND 3906 SOUTH OCEAN BOULEVARD A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING A RELEASE OF UNITY OF TITLE FOR PROPERTIES LOCATED AT 3921 AND 3906 SOUTH OCEAN BOULEVARD AND APPROVING A UNITY OF TITLE FOR PROPERTIES LOCATED AT 3833 AND 3906 SOUTH OCEAN BOULEVARD; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Town Manager Labadie introduced this item and explained that this was a simultaneous step, first breaking the existing unity of title because the intercoastal pieces were tied to different oceanfront property. After breaking that unity and then relinking the new oceanfront property to the intercoastal. Commissioner David and Commissioner Gossett -Seidman had no comments. Vice Mayor Babij mentioned that this item should be approved. Town Commission Regular Minutes Date: October 3. 2019 Page 6 of 20 Mayor Zelniker opened this item for public comments. There were no comments from the public. MOTION: Vice Mayor Babb moved to adopt Resolution No. 19-028 R. Commissioner David seconded the motion. UPON ROLL CALL: Vice Mayor Greg Babij Yes Commissioner Evalyn David Yes Commissioner Gossett -Seidman Yes Mayor Rhoda Zelniker Yes Motion carried on a 4 to 0 vote. Mayor Zelniker read the title of Item 9C into the record. C. RESOLUTION NO.19-029 R/ ADVISORY BOARDS AND COMMITTEES APPOINTMENT PROCESS POLICY A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING AN ADVISORY BOARDS AND COMMITTEES APPOINTMENT PROCESS POLICY; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie introduced this item. He explained that staff had worked on this matter during the months of May, June, and July timeframe. After the approval of a final foram, the Commission discussed that approving it as a policy via resolution would be the next step. He continued to explain that there are built-in safeguards within the policy. If the town chooses to go in a slightly different direction, you are afforded that latitude. There are certain elements to commissions and the advisory boards that are stipulated within the Town's code of ordinance. Those strict town ordinances are referenced and followed in this process. This just clarifies the process, which was agreed to moving forward to try to fill the vacancies. The Commission has discussed it at great length, and the resolution is before Commission for approval. Commissioner David stated she liked the idea that if applications are needed during other times of the year other than January or June that Commission could call for additional applications, and that there would be a form and something consistent to follow. She supported this item. Vice Mayor Babij stated that a lot of what was presented had been discussed. Although it may not be the final version and may need to be edited a little more down the road, he mentioned that the absentees were three consecutive even though attendance was very important. He suggested leaving it as is because no one seems to be abusing it at this point. Commissioner Gossett -Seidman asked if this would grandfather in any current board members and if they would not fall into these new regulations. Town Manager Labadie explained that those Town Commission Regular Minutes Page 7 of 20 Date: October 3, 2019 members would be grandfathered. However, the Town would not have them reapply and go through the process all over again. However, as we move forward, the policies and procedures would be followed. Commissioner Gossett -Seidman then asked about Section 3D of the Appointment Process Policy and stated she wondered if a board member cannot hold an elected office. She inquired about an appointed board office in another municipality. She further asked if there would be a conflict if someone served as a member on the Code Enforcement Board in Highland Beach and as a member on a Code Enforcement Board in Long Island. She asked if it mattered. She explained that there are people on Town boards who split their time six months a year in Highland Beach. Discussion ensued about the residency requirement, including full-time residents and registered voters in Highland Beach for all board members. David Axelrod provided comments about the advisory board member's absences. He explained that a member who is absent because they are sick or have a death in their family should be excused and receive an excusable absence. He suggested that it should be in the resolution. Douglas Hillman stated the goal was to get the best possible minds on the boards. He asked if a member could call in for a board meeting. Town Attomey Torcivia explained that the sunshine law allows for someone to call in a long as there is a physical quorum present. Mr. Hillman continued to explain that if we could be more lenient with board members calling into a board meeting. It would allow people to participate on the advisory boards, especially those who are still very active in the business world who are traveling on business. Town Attorney Torcivia explained that his office could research this matter if that were what Commission want to do. He spoke about an attorney general opinion written 20 years ago related to the use of technology to allow a member to be absent, and members being physically present to meet a quorum. Mayor Zelniker explained that there should be something on the books and that it could always be modified as we go. She also stated that maybe there should be some sort of flexibility. John Ross of Casuarina provided comments about public participation via a landline. He mentioned that people should be allowed to call in and participate in the meeting. Commissioner David stated we should allow people who are residents to call in as long as there is a physical quorum. It is because you want to have as many people involved in the physical discussion as possible. Commissioner Gossett -Seidman stated that she agrees with this as well. Vice Mayor Babij commented he thought that the Town attorney should look into this as well. He wanted to know if Commission was better off passing the resolution as -is, make the motion to look into this, research it, or that should be a component of the current resolution. At this point, Vice Mayor Babij advised that the current resolution should be passed, and then, later on, they can look into the issue and make amendments where necessary. Town Commission Regular Minutes Date: October 3, 2019 Page 8 of 20 Douglas Hillman provided comments about the board member's participation at public meetings. MOTION: Vice Mayor Babij moved to adopt Resolution No. 19-029 R as written. Commissioner Gossett -Seidman seconded the motion. "J irI; @)A0Lol\" Vice Mayor Greg Babij Yes Commissioner Gossett -Seidman Yes Commissioner Evalyn David Yes Mayor Rhoda Zelniker Yes Motion carried on a 4 to 0 vote. MOTION: Vice Mayor Babij made a motion for the Town Attorney to research the suggestion made by Douglas Hillman regarding board members to participate in public meetings via landline or facetime. Commissioner Gossett Seidman seconded the motion. UPON ROLL CALL: Vice Mayor Greg Babij Yes Commissioner Gossett -Seidman Yes Commissioner Evalyn David Yes Mayor Rhoda Zelniker Yes Motion carried on a 4 to 0 vote. 10. CONSENT AGENDA Mayor Zelniker read the title of Item l OA into the record. A. Approval to Purchase One 2020 Ford Police Hybrid Utility Vehicle from Bartow Ford in an amount of $39,453.00 for the Police Department. Town Manager Labadie introduced this item. Commissioner David commented that the item should be passed. This item was already discussed and included in the budget. Commissioner Gossett -Seidman stated that she noticed on the State of Florida newswire several municipalities had purchased hybrid vehicles, and some purchased two or three. Hopefully, the town was keeping up with the times. Thank you, Chief, for looking into this. Town Commission Regular Minutes Page 9 of 20 Date: October 3, 2019 Vice Mayor Babij. stated that he had no additional comments. He was in favor of approving this item. Mayor Zelniker stated that she was happy the town was going to a hybrid car. She then opened the item for public comments. John Ross asked if the purchase was part of the 2019 or 2020 budget. Town Manager Labadie explained that the purchase was included in the 2020 budget, which began October 1'. Mr. Ross then asked if a cost -benefit analysis was done. Town Manager Labadie and Vice -mayor Babij explained. John Boden asked if this was in addition to the existing fleet. And if any cars were being turned back. Town Manager Labadie explained that there was one vehicle, which will either be auctioned or stripped of the equipment and repurposed similar to another vehicle. MOTION: Commissioner David moved to approve the Consent Agenda. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Commissioner Evalyn David Commissioner Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Motion carried on a carried 4 to 0 vote. 11. A. None. 12. NEW BUSINESS Yes Yes Yes Yes Mayor Zelniker read the title of Item 12A into the record. A. Advisory Boards and Committees Interviews and Consideration to Nominate Two Members to serve on the Financial Advisory Board for an unexpired term ending April 30, 2020, and for an unexpired term ending April 30, 2021: Board Applications: Natasha Moore Subdivision: Bel Lido In John Stump Subdivision: Ambassadors North Condominium Town Commission Regular Minutes Page 10 of 20 Date: October 3, 2019 Town Commission interviewed the applicants mentioned above and asked them several questions relevant to their interest to participate on the advisory board, professional and volunteer experiences. Natasha Moore of 4400 Tranquility Drive in Bel Lido expressed her interest in participating on the Financial Advisory Board. She stated that although she had not participated in anything like this before, she now has the flexibility in her schedule. She said she realized that she should be more involved. Ms. Moore elaborated on her experiences relevant to volunteering. John Stumn explained that he was active in his community in Lansing, Michigan, in various endeavors, primarily with the JAC's. He eventually became part of the legal counsel for the Michigan JAC's. The JAC's was a very active organization in every community. He mentioned that he was active in his church. He practiced law for 40 years and had been involved with finance, estate planning, and business groups. He stated that there may be a potentially significant economic problem with this board in this community. Manor Zelniker opened this item for public comments. John Ross mentioned that the two applicants were great candidates. There being no further comments, Mayor Zelniker closed the public comments. MOTION: Vice Mayor Babij. moved to appoint Natasha Moore to the Financial Advisory Board for an unexpired term ending April 30, 2021. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL: Vice Mayor Greg Babij Yes Commissioner Gossett -Seidman Yes Commissioner Evalyn David Yes Mayor Rhoda Zelniker Yes Motion carried on a 4 to 0 vote. MOTION: Commissioner Gossett -Seidman moved to appoint John Stump to the Financial Advisory Board for an unexpired term ending April 30, 2020. Vice Manor Babij seconded the motion. UPON ROLL CALL: Commissioner Gossett -Seidman Yes Vice Mayor Greg Babij Yes Commissioner Evalyn David Yes Mayor Rhoda Zelniker Yes Town Commission Regular Minutes Page 11 of 20 Date: October 3, 2019 Motion carried on a 4 to 0 vote. Mayor Zelniker read the title of Item 12B into the record. B. Discussion on Amending the Agreement with Highlands Beach Real Estate Holdings, Inc. regarding Milani and Milani Holdings Ltd. Town Manager Labadie introduced this item and explained that there had been ongoing communication with the Commission regarding this matter. Ms. Milani had expressed an interest in extending the settlement agreement for an additional 20 years for the none park parcel. In the Commission agenda packet, the oceanfront and the non -oceanfront parcels and what densities in the settlement that was put in place in 1995. The initial 30 -year term will come to an end in 2025, at which point by then Ms. Milani has to exercise her rights or not exercise her rights under that. Ms. Milani was asking for an additional 20 years. Ms. Lucea Milani of 4612 South Ocean Blvd. was present and introduced herself. Commissioner David explained that she was uncertain if the Town of Highland Beach could do this because it would smack of spot zoning. She continued to explain that Ms. Milani would get the opportunity to do something that other people do not The original settlement was part of litigation, which was approved by the court. So, the court said yes, you could do spot zoning for the parcels. She noted that this would be a new contract and does not believe that the Town could do this legally. Vice Mayor Babij. mentioned that the current agreement that was in place had a lot of exemption from the current building codes - exemptions in high, exemptions in setbacks, and exemptions in density. He asked if there were any other exemptions and what are the exemptions versus the current building codes. Town Manager Labadie explained this matter was more of zoning related for setbacks, the density, the height, those are basically was the provisions provided. The zoning district was changed, and part of that, the court said that the densities, permissions, and permitted uses would be granted for the two parcels. If the current zoning district were applied, a lot of these would not compliant based on setbacks, density, building height, but they were granted in the settlement. Vice Mayor Babij, asked if these matched the building codes or zoning code at that time. Town Manager Labadie mentioned before the change it was probably close. Vice Mayor Babii asked Ms. Milani was that how she understood it. Lucea Milani of 4612, South Ocean Blvd. stated that from her understanding, what was settled on was the zoning that she would have been allowed to build at that time. It was a very simple agreement between the Town and herself. It was granted 30 years of life to that agreement she still has another five years to go. She stated, "all I am saying is that, if you grant to me the additional 20 years, then I have the option to build at any time between 2025 and an additional 20 years. It was never considered spot -zoning. We were substantially reduced. I was not granted anything special than anybody else at that time. So, it was not a spot -zoning, as maybe it is misunderstood. Town Commission Regular Minutes Page 12 of 20 Date: October 3, 2019 Commissioner David explained that it is not that it was spots -zoning then. However, it would be considered spot- zoning now as other people would not have those same specifications. The specifications now would be more stringent. Vice Mayor Babf asked if there were three properties (9W, l OW, and 10E) or one property. He stated that there are three properties, and there are different exemptions. Town Manager Labadie explained that one of the parcels was the oceanfront property and that the other property was near the tennis courts by the Boca Highlands area; it is the property that surrounds that. Ms. Milani explained that there are two separate lots on the west side and the east side is one lot, that is why it is three separate parcels. Vice Mayor Babij also asked about Ms. Milani wanting to extend the contract now even though she still had five years left on the contract that goes to April of 2025. Ms. Milani replied, "yes." Vice Mayor Babij proceeded to ask Ms. Milani was there a strong reason to address extending the agreement now. Lucea Milani of 4612 South Ocean Boulevard, explained that the reasons were that she is very attached to the property as her family has owned the lots for 45 years. There is a lot of personal and sentimental value. She stated that nothing stops her from building within the timeframe that she currently has, which is in 2025. She said that she was asking the Commission to extend the time. The community will enjoy seeing the property as is today. She mentioned that if she were not granted an extension, she would be forced to knock down the house, building on the east and west sides according to the agreement with the town. She proceeded to explain that she would not let it lapse. The Commission has the choice to either deny her or extend the life of the agreement. Vice Mayor Babij stated as he understands, Ms. Milani could do that any day, whether the Town extends it or not extend it. Ms. Milani explained that she had up until 2025 if the Commission does not extend it Vice Mayor Babij provided comments about negotiation strategies. He commented that in this matter, it seemed as if the Town gives A and was not sure what the Town and the residents would be getting back. He asked Ms. Milani if she commented that if the Town extends the agreement, she will lock it out for a certain number of years and not build on the property, and what do the residents in the Town get for extending the agreement Ms. Milani explained that the benefit would be seeing the property the way it is today. Discussion continued about the residents not getting the benefit because nothing was locked in. Ms. Milani explained that she was not going to let the agreement lapse. She would prefer the extension of the agreement. If not, she would build within the time of the life of the agreement. She explained that if the extension were allowed, the town would benefit from seeing the property as it is today. She was not going to lock herself in until 2035 or 2045. Discussion ensued about buying options for free versus selling options and what the town and residents would get out of extending the agreement. Ms. Milani stated she does not see the downside to this, and she was not asking for anything that would be detrimental to the municipality. Vice Mayor Babij noted that he would like to hear from the residents around that area because there are different zonings, densities, and heights, which impacts the residents around that area. It was important to obtain the Town Commission Regular Minutes Page 13 of 20 Date: October 3, 2019 opinions of those residents. He also mentioned that in five years (January 2025), when the Milani Park comes up again, the town, the Milani family, and Palm Beach County would be in negotiations, and it would be selling an option for free. To give Ms. Milani a 20 -year option now with nothing in exchange, and then in five years there would be a considerable negotiation going on, this would be much better as part of that entire negotiation at that point. Ms. Milani explained that there are two completely separate issues. She stated she was not here to discuss the Milani Park because she is not the owner of that property. Palm Beach County owns the Milani Park property, and she has the first right of refusal. Whenever that option comes to the Commission, that she would be available, she stated she was here to listen to what the Commission had to say, if there is an opportunity. She explained that she sold the property to Palm Beach County for the community and everybody in Palm Beach County. Ms. Milani mentioned that she was not here to discuss the position of Palm Beach County, of which she has no control. Vice Maoy r Babi' went on to explained that when the agreement ends will be around the time the Town will deal with Milani Park, and Palm Beach County would give Ms. Milani the first right of refusal. Without the Town or the residents getting anything for extending the agreement, it would be foolish for the (1:2335) Town to extend the agreement now for another 20 -years, which would go beyond when the negotiations happen. The Town and the residents would want to look at this in totality. Ms. Milani explained that she was before Commission for her own reasons and her own property. Vice Mayor Babij. asked Ms. Milani if she would consider any sort of extension in exchange for some changes in some of the setbacks or was. She only interested in an extension as is. Ms. Milani stated as is, and that was why she proposed some changes. She explained that she and the Town Manager discussed maybe there were problems with it, so she said okay, leave the changes, and she only wanted a simple extension, and that was all. There was nothing she wanted to change in the agreement. Vice Mayor Babij. stated that it was difficult for the Commission to give Ms. Milani an extension for free and that he would want to hear from the residents from that area near the property. His fear was giving an extension with nothing in exchange would be crossing the line. Discussion ensued about the aesthetic value and the open space that the town and residents have enjoyed past 25 years and asking for an extension for the next 20 years, and green space and the current agreement in place. Commissioner Gossett -Seidman mentioned that she wanted to clarify that the extension Ms. Milani was requesting an extension of an additional 20 years on top of the five years that she had left. She also stated that she would like to recheck the codes from the 90's that were in place prior to the codification on Municode and to see if there was a cohesive set of codes to this contract. Lastly, she stated she wanted to check Commissioner David's points with Town Attorney Torcivia on whether this was acceptable legally for the town to continue, or does it roll over, or is it a new contract. Town Attorney Torcivia explained that Commissioner David raised a good point about spot zoning, which was not researched as to whether this would constitute spot zoning. If the Commission were inclined to go down that path, he would suggest deferring this item until research Town Commission Regular Minutes Page 14 of 20 Date: October 3, 2019 was done. Commissioner Gossett -Seidman asked if it was spot zoning if it is a rollover contract or extension, or a new contract. Mr. Torcivia explained that Ms. Milani was asking for an extension, and Commissioner David raised the concern about spot zoning based on the latest codes as opposed to what the codes that were in place in 1995. That would require some research, and if the Commission was not inclined to grant the extension, why waste the money. Commissioner Gossett -Seidman said that she would be inclined to get it straight for everyone. Ms. Milani was a longtime resident of 40 years and was willing to keep the property green. She also stated that she would be more comfortable to know the zoning and legal situation, so the Town, nor Ms. Milani find oneself in a bad situation. Commissioner David explained that one aspect of an enforceable contract was that there are concessions from both sides, and the extension would not have the on concessions. The property floods every time it rains. She asked Ms. Milani why she could not building on the west side of the property and not building on the east side of the property the way it was. She would be happy to see the property developed because you would have to deal with the flooding issue. Ms. Milani explained that the flooding was due to the road being higher than the property line. It may not be too difficult to fix as it is the responsibility of the Florida Department of Transportation (FDOT) to fix issues with flooding as it relates to their roadways. She stated that they have an obligation to take care of the water and roads and not allow it to flow into someone else's property. Commission David noted that she was not entirely sure if she agreed with that because very often roads are higher and sloped so that the water does not sit on the roads. Discussion ensued regarding the flooding, FDOT, and the settlement agreement. She stated she would like all the legal issues investigated because she has a problem with the extension as is. Town Attorney Torcivia explained that there was a lawsuit some time ago. Mayor Zelniker explained that this was a legal settlement related to a lawsuit; it was not a contract. Town Attorney Torcivia explained that this was a settlement agreement, which is a contract that was entered into as a result of a lawsuit in 1994, then the lawsuit came in 1984, and then there was a lawsuit in 1994. This was a result of a settlement. A few of the Commissioners pointed out that if a settlement agreement is opened, there is a give and take. Mayor Zelniker proceeded to explain that there are many people in the town who would like to keep the space green. She stated that she would rather leave the space green for as long as possible. Discussion ensued about green space. Mayor Zelniker opened the item for public comments. Mr. Michael Rothberg of 3833 S Ocean Blvd. thanked the Commission for the recent approval associated with his properties. He provided comments about his property being tied into Ms. Milan's property. The town may not want to back Ms. Milani into a corner because she may do exactly what the town does not wish to. If the Commission agrees, what you might be for Ms. Milan to say there longer and not developing the land. If she does not get the extension, she will Town Commission Regular Minutes Page 15 of 20 Date: October 3, 2019 sell that land to the highest bidder. By extending her agreement, the Town was getting something, which was the option of having the property stay open longer. He stated that he does not know whether or not it was spot zoning. Fred Rosen of Boca Highland stated that he was confused because he interpreted what he heard as if the contract was not extended the person would build. That sounded like a threat. He commented about the flooding and mosquito problems. He noted why would the town and Commission being forced into making a decision today. John Ross of Casuarina expressed concerns that the Commission was not prepared to do something today. He commented that Town Attorney Torcivia should take a look at this to make sure there is nothing illegal. He mentioned that someone should draw a map of the zoning now and compare to what the map looked like in the '90s, much homework should be done starting with finding a hydrologist The property sits at the bottom of two hills and water from both Delray and Boca drain right onto that property. John Boden 3407 S Ocean Blvd stated that it was nice to meet Ms. Milani and to hear her presentation. The Town needs to provide the avenue so everyone can be happy. Take the rush out of this because it is a major issue. Mayor Zelniker stated Ms. Milani has been asking for this over a year and a half and has continuously been put off, and this was not new. Discussion continued about the properties owned by Ms. Milani. Douglas Hillman asked what would the value of the property be if the property was developed and the tax revenue. He explained that he was a believer of green space, and the town was running out of the green space. Developing the property or not was a win on the Town side. There has to be some give or take. Flooding was a problem. It was the low point in town, and if an extension is given, the flooding has to be dealt with. Richard Greenwald of Bel Lido stated that this was one of those time when Commission should proceed slowly with a lot of thought and make sure the Town take the time to be deliberate and look at this matter. Eric Goldenberg of 3912 South Ocean Boulevard stated that Ms. property did not directly impact him. There needs to be some negotiation, and the Commission needs to appoint an advisory board to look into having a meeting and maybe make a recommendation to the commission. He suggested that a small group do negotiations. He stated that Ms. Milani had given nothing but general thoughts that she will keep it green, saying that she has until 2025. MOTION: Commissioner David moved to send this matter to the Planning Board and to Town Attorney Torcivia for their input and further research and bring back to Commission at a later date when there is more complete information. Commissioner Gossett -Seidman seconded the motion. Town Commission Regular Minutes Date: October 3. 2019 UPON ROLL CALL: Commissioner Evalyn David Commissioner Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Motion carried on a 3 to 1 vote. Yes Yes Yes No Discussion proceeded about the Ms. Milani property. Page 16 of 20 Commissioner Gossett -Seidman wanted to remind everyone that most of Highland Beach that had been developed were once a fill. The reason why water gathers on Ms. Milan's property is because it has not been developed as of yet Commissioner David stated that she did not take Ms. Milan's comments as a threat, understanding that she wants to build but that she is just not sure when yet She stated that it would not be horrible from a tax standpoint Vice Mayor Babij thanked Ms. Milan for coming and asked for detailed instructions to be given to the planning board. Public Comments: David Axelrod asked Commission to give Planner Board members instructions. He mentioned that the Planning Board was not the negotiator. Eric Goldenberg of 3912 South Ocean Boulevard, mentioned that he would like the old codes and the current codes of ordinances. Ms. Milan provided comments, and she apologized for opening up the dialogue. Do not want or intend to open a whole can of worms. She wants to reconsider her request to the town at this stage since she sees a lot of problems. She is not prepared to renegotiate and gets the sense that she is being held to ransom by a certain member of the commission with respect to Milan Park. She does not intend and ill -will towards the community as she came with an open mind and intentions of keeping it the way that it is for another 20 years, and she is being asked or extorted to give things she is not at liberty to give. Vice Mayor Babij_ stated he was not trying to bring up any issues concerning Milani Park; he was just trying to bring up every possible scenario that the residents may need to be aware of in terms of the timing. Commissioner Gossett -Seidman would like the Town to look at legal issues to protect her. I would like Commissioners to submit questions to the Town Manager for the Planning Board. Mayor Zelniker provided comments about the green space. She thinks it is a big mistake with everything going on and the sea level rise. I hope people care about green space. Town Commission Regular Minutes Page 17 of 20 Date: October 3, 2019 Town Attorney Torcivia asked what was the point of sending this matter to the Planning Board if Ms. Milani only came here to get an extension or if she was somehow willing to negotiate. What was the point of going through all this? Commissioner David explained that the matter should be looked at as to the full effect on the Town. It matters what is in the settlement agreement and what the code is now. If there is much difference, then we need to look at this. Vice Mayor Babij asked if we were better off talking with the Town Manager Labadie, then come back and vote on what should be sent to the Planning Board as opposed to asking Town Manager Labadie a bunch of questions and then the Manager not being sure what to sent to the Planning Board. He stated he does not want to waste their time. Attorney Torcivia explained that Commission would want to have a consensus with regards to whether they want the first bit of communication to Ms. Milani to come from Town Manager Labadie, himself or both, if Ms. Milani is willing to negotiate anything. If the answer is no then it is a simple extension question and then what is the point. However, if she is willing to negotiate what is she willing to negotiate. Will it be green space, flooding, etc_? Commissioner David suggested Ms. Milani speak with the Town Attorney and Town Manager and if they feel that is not going to negotiate then there is nothing to talk about. She states that the objective is to protect the Town from future lawsuits by property that is not developed at this point. Douglas Hillman stated that Ms. Milani is a business -woman and if the commission approached her with a reasonable offer, she would most likely be a reasonable business woman and give a reasonable response. The Planning Board should be was given a specific list of concessions of what Ms. Milani was able to negotiate at the time of the settlement vs the current codes now. John Boden suggested we rethink the charge to the Planning Board. Michael Rothberg asked Ms. Milani if she ever thought about selling the land to the Town, and the T. Offering a lifetime option for her to live there. Vice Mayor Babiistated that the commission is leaving it to the Town Manager to determine what to present to the planning board. Town Commission Regular Minutes Page 18 of 20 Date: October 3, 2019 C. Consideration to Authorize Commissioner Gossett -Seidman to. attend the Florida League of Cities 5901 Annual Legislative Conference November 13-15, ow2019 in Orlando, Florida.. (THIS ITEM WAS REMOVED FROM THE AGENDA) Mayor Zelniker read the title of Item 12D into the record. D. Discussion on Waiving Potential Conflicts for the Coastal Resilience Partnership. TownManag_er Labadie introduced this item. He explained that the Coastal Resilience Partnership was a group of Southeast Palm Beach County municipalities working together for the purpose of climate vulnerability assessment. An interlocal agreement will be presented to Commission at a future meeting for approval so we can move forward on this project. This project is anticipated to be about a $400,000 climate vulnerability assessment. The 'Town's share is around $25,000 in the partnership. The waiver of conflict is needed so we can continue on in the partnership and have a legal review. Commissioner David asked if the interlocal agreement was going to be from the group and not from town to town. Town Attorney Torcivia explained they represent this Town and another town if they have adverse interest, they cannot represent anybody. Commissioner David suggested to waive the conflict. Commissioner Gossett -Seidman asked if there was a planning agent. Why did a Harvard Law Group get tasked with this? Town Manager Labadie replied it was free and he provided additional comments. Commissioner Gossett -Seidman ask Town Manager Labadie if he could copy the Commissioners with a list of the communities involved. Vice Mayor Babii had no additional comments. Mayor Zelniker opened public comments. There being no comments, the public comments were closed. MOTION: Commissioner David moved to waive the potential conflicts for the Town Attorney and the Coastal Resilience Partnership. Vice Mayor Babij seconded the motion. UPON ROLL CALL: Commissioner Evalyn David Yes Vice Mayor Greg Babij Yes Commissioner Gossett -Seidman Yes Mayor Rhoda Zelniker Yes Town Commission Regular Minutes Page 19 of 20 Date: October 3. 2019 Motion carried on a 4 to 0 vote. 13. PUBLIC COMMENTS AND REQUESTS — AGENDA ITEMS ONLY Mayor Zelniker opened the public comments. There being none, public comments was closed. 14. COMMISSION REPORTS A. Commissioner Evalyn David had nothing to report. B. Commissioner Barry Donaldson was ABSENT. C. Commissioner Peggy Gossett -Seidman had nothing to report D. Vice Mayor Greg Babij had nothing to report. E. Mayor Rhoda Zelniker had nothing to report 15. TOWN ATTORNEY REPORT Town Attorney Torcivia had nothing to report. 16. TOWN MANAGER REPORT Town Manager Labadie provided a comprehensive explanation about the Town's water system including the protocol established by the federal government involving the Environmental Protection Agency (EPA) solicits information, the State of Florida designating Palm Beach County Health Department as the agency to collecting the Town's data/information (samples) as well as the gathering of information from every water treatment plant across the county/country. Mr. Labadie explained that the data related to Highland Beach's water quality located on the EPA's website was outdated and that staff had confirmed that there were no current violations. Staff had contacted Palm Beach County and the EPA about the data. Mr. Garcia from that agency had confirmed that the information on their website was outdated and that they were working to correct it on their website. EPA confirmed that Highland Beach's water was safe to drink and that there was nothing wrong with the water in this town. Mr. Labadie also explained that the water treatment plant staff had recently received an award for the best water. He proceeded to elaborated on the fact that the Town of Highland Beach water was good and safe to drink, and he assured the Commission and residents of the same. Town Commission Regular Minutes Date, October 3,, 2019 17. ADJOURNMENT Page 20 .of 20 There being no further business; MatyorZelru'ker called for a motion- to adjourn the meeting at 4:11 PM. MOTION: Vice Mayor Babii moved to adjourn the meeting at 4; l l P.M, Commissioner Gossett -Seidman seconded the motion, which passed unanimously. APPROVED Ott-)lekuary 4, 2020 Regular Meeting. o Zelniker r ATTE 't - Transcribed by Ganelle Thompson,. Administrative Support Specialist 1 Lant-lda Gaskins, M Town Clerk Date