Loading...
2019.11.19_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MEETING MINUTES Town Hall / Commission Chambers 3614 South Ocean Boulevard 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 Brian Shutt Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Date: November 19, 2019 Time: 1:30 PM The Town Commission led the Pledge of Allegiance followed by a moment of silence for the men and women serving in the military. 4. ADDITIONS. DELETIONS. AND APPROVAL OF THE AGENDA MOTION: Commissioner Gossett -Seidman moved to accept the agenda as presented. Commissioner David 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 5 to 0 vote. Town Commission Regular Minutes Page 2 of 17 Date: November 19, 2019 5. CIVILITY PLEDGE Town Clerk Gaskins read the Civility Pledge into the record. We will be respectful of one another even when we disagree We will direct all comments to the issue We will avoid personal attacks "Politeness costs so little." By: Abraham Lincoln 6. PRESENTATIONS /PROCLAMATIONS A. Update on Wetland Properties within the Town of Highland Beach Boundary from Commissioners Gossett -Seidman Commissioner Gossett -Seidman gave a PowerPoint about the wetlands. She explained she attended a social meeting and the wetlands topic cam up. She met a gentleman who gave her the information to an app that showed resourceful content about the wetlands. She stated that majority of the wetlands in Highland Beach is owned by owned by Palm Beach County. She also showed pictures of the wetlands from the app and discussed each image. She mentioned that she would like Town Manager Labadie to look into the wetlands in Highland Beach and find out what Palm Beach County plan to do about the wetlands and that Highland Beach should receive something in writing. Town Manager Labadie stated that he would contact the County to see if they had any plans for their surplus properties and maintaining and the conditions of the mangroves. 7. PUBLIC COMMENTS AND REQUESTS David Axelrod, Chairperson of Planning Board discussed the policy adopted a few months ago in light of the board vacancies. He stated that the requirements put into place regarding background checks is ludicrous. He does not think anyone should not have to go through background checks. He expresses concern stating that by allowing applications in January and July will leave the boards vacant for months. He stated that there are boards right now that have less than a quorum available until next year. He has served on the Planning Board for four years. He also commented on the rule implemented regarding missing three consecutive meetings. He stated that he has seen members of the Commission miss three meeting. At the last Planning Board meeting he allowed an excused absence of a member. Paul Resnick, of Braemar Isles stated he needed some help from the Building Department or Code Enforcement. He handed out three pictures of several slips owned by individual owners. He states that there is a visual problem that has been going on for several months. He provided comments about boat lifts and pilings. He also stated that it is an eye soar. He is asking for closure on this matter. Town Commission Regular Minutes Page 3 of 17 Date: November 19, 2019 Commissioner Gossett -Seidman asked if the plans show that there is supposed to be a cover. Louis Mazzella of 1009 Grand Court provided comments stating that the wood was put in place to hold the pilings because the wood was starting to move around. He stated that it has become difficult to get by because of how the property owner has the pilings set up. Kathleen Kennedy of 1005 Grand Court handed out pictures and provided comments about the boat lift and pilings and the negative impact it has had on her property. She stated that while trying to sell her property, she lost a potential sale as the buyer did not have access to her backyard with their boat. Discussion ensued about the height of the piling along with the location of the piling. Manor Zelniker stated that Town Manager Labadie look into this issue. Commissioner David suggested while the Town Manager is investigating the ordinances, this matter be sent to the Planning Board. If there is no ordinance in place one would need to be implemented. If there is already something in place, it needs to be implemented. Commissioner Donaldson commented that the Commission needed more information. Also, that the commission was not in a position to hold a hearing. He suggested letting the Town Manager move it in the direction it needed to go. Mary McKinney, Town Planner stated that she recently became aware of the situation. She explained that a resident recently applied for a boat lift. She mentioned that each one of the three individuals have contacted her individually. She stated that the property owner at 1006 Grand Ct applied for a revision of a previously approved boat lift and this has been in the works since 2016. It appears that he put in pilings that he did not have a permit for so, there will be a summary write up about this. Discussion ensued regarding the issue. Town Manager Labadie explained that we will get to bottom of this matter. He also stated that permits over 5 feet need to go through the federal government before it reaches the planning board. Town Manager Labadie also stated that he believed there to be a stop work order issued on the property, and that he will keep everyone informed. Vice Mayor Babij had no comments. Diane Matthewman of 1109 Bel Air Drive was present to discuss the parking. She stated that she is not sure why this is still an issue. Highland Beach could not pass an ordinance that conflicts with the state uniform traffic laws contained in the Florida Statutes Chapter 3:16. The Police Department have been enforcing the parking on the street and it has been working. There has to be consist enforcement every day. Douglas Hillman of Dalton Place he explained that having this wait period to fill the board is an issue. Having this wait period is an error. If we have a vacancy on a board and an opportunity to fill a board position the opportunity should be taken. He also reintroduced the concept regarding the calling in of board members, with respect to a quorum. He stated that the opportunity for the call in is to allow people to participate and serve on the advisory boards. Town Commission Regular Minutes Page 4 of 17 Date: November 19, 2019 Marshall Labadie explained that the ruling according to the state statute is it has to be an extenuating circumstance concerning calling in. He stated that they will revisit this issue and see how the commission choses to tackle this issue. He also discussed the board vacancies stating that there are also provisions that allow for the board to recruit at any time as well. Vice Mayor Babij explained the reason for the two times a year appointment of board members stating that it was to have people lined up during opportunities where there are no board vacancies. It was never meant to slow the process down. He agrees on the electronic ability to call in. Commissioner Gossett -Seidman explained that another reason for the twice a year was because there were multiple applications for one board and sometimes none pending for another. They wanted to spread the wealth of the application pool to other boards. She stated that now that there is a problem, it will be *revisited. Commissioner David explained that there are problems because the town has few residents. She stated that the Town needed to broaden the way they look. Susan Amerling-Stern provided comments concerning her application status for the Natural Recourses Preservation Advisory Board. She expressed concern over why her process was taking so long. John Ross of Casuarina stated that he did not see any reason why Susan Amerling- Stern could not be appointed today as the Commission has the ability to add things to the Agenda. He also mentioned that it is not efficient to put every piece of town business through to the Commission. He does not understand why the boards are there and stated that the Commission passed a budget that the Financial Advisory Board did not see. Mr. Ross went on to state that as Commissioner Gosset -Seidman stated many of the swamps are owned by the County. Mangroves will die and be replaced by trees if they are not maintained. He stated that the Town should talk to the county about their responsibilities as land owners. Tim Burnich of 4505 South Ocean Blvd stated he was surprise to hear the residents here to speak about the dockage issue. It should be heard at the Code Enforcement Board. He states as chairman of that board he looks forward to hearing more about this. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Mayor Zelniker read the Boards and Committees and Announcements. A. Board Vacancies/Interviews 1. Board of Adjustment and Appeals Board — Three vacancies: One vacancy for an unexpired term ending January 3, 2020; and Two upcoming vacancy for a Three -Year Terms 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 Town Commission Regular Minutes Date: November 19, 2019 Page 5 of 17 3. Natural Resources Preservation Advisory Board — One vacancy for an unexpired term ending April 30, 2021 4. Planning Board — One upcoming vacancy for a Three-year term B. Upcoming Meetings and Events 1. Planning Board Meeting —December 12, 2019 — 9:30 AM 2. Town Commission Regular Meeting —December 17, 2019 —1:30 PM C. Board Action Report 1. Planning Board David Axelrod, Chairperson of PI anning Board reported that two applications were approved at the November 12 meeting. He stated that he doesn't understand why this has not reached the board yet and thinks that maybe it is because the applicant keeps'changing his plans. He then states that there are no additional reports. Commissioner David asked if an item could be added to the agenda at any time during the meeting. Town Attorney Shutt explained that Commission could add an item to the agenda at any time, they would just amend the agenda. MOTION: A motion was made by Commissioner David to amend the agenda to add the Appointment of the Applicant to the Natural Resource Preservation Board to the agenda today, once the application is available to review. Commissioner Gossett - Seidman 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 5 to 0 vote. Discussion ensued over the ability to add items to the agenda midway through a meeting. Town Attorney Shutt elaborated on the agenda and the appropriate time to add items but also states that there is nothing that states that items cannot be added at anytime Town Commission Regular Minutes Date: November 19, 2019 9. ORDINANCES AND RESOLUTIONS Page 6 of 17 A. RESOLUTION NO. 19-030 R / AMENDMENT NO. ONE TO FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR LANDSCAPE INCLUSIVE MAINTENANCE MEMORANDUM AGREEMENT A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO ONE TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) DISTRICT FOUR LANDSCAPE INCLUSIVE MAINTENANCE MEMORANDUM OF AGREEMENT ON BEHALF OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AND PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie introduced this item. He stated that the town has an ongoing maintenance agreement with FDOT for all worker improvements within FDOT facilities The Benjamin family have proposed and the Town has approved their plans to construct items within those FDOT facilities so there will have to be an amendment to that maintenance agreement. There has been a conversation with the attorney and he makes the point that the Benj amins should sign an agreement with the Town saying that they will assume that responsibility for whatever issues that may be borne by those improvements that they have. In order to move forward with the Benjamin s and approve this amendment there are conditions as well as a simple agreement and indemnification agreement and maintenance agreement with the individual homeowner between the town and them. The Town could simply take that document and have the Benjamins sign it. This would release the Town from certain responsibilities or obligate them to take care of what they're putting in the right away. Commissioner David asked if that means that every time someone builds a house that there would need to be an amendment to the agreement. Town Manager Labadie explained that the Code Compliant Officer and the Public Works Director would both be reaching out to FDOT to see how many of these situations exist. He states that he will try to get the history of the agreements. He states that anytime there is an improvement in the road right away then that would be the case. Commissioner David suggest combining this with the construction permit needed when a person is applying for the construction of a new house, in order to avoid a longer process or the person being held up. Commissioner Donaldson wanted clarification on if this was in reference to this particular property. He was advised that it is in reference to the Benjamin Property. Donaldson stated that he can see this issue extending on a different level and that historically the Town has not been very good at dealing with planning and the right away. Commissioner Gossett -Seidman wanted to know why there were other residences included in the packet. She further discussed the right away and swales. Discussion ensued about the plants on the right away. Town Commission Regular Minutes Date: November 19, 2019 Page 7 of 17 MOTION: Commissioner Donaldson moved to adopt Resolution No. 19-030 R, Amendment No. One. to the Florida Department of Transportation District Four Landscape Inclusive Maintenance Memorandum of Agreement. Commissioner David 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 5 to 0 vote. B. RESOLUTION NO. 19-031 R / AMENDING RESOLUTION NO. 18-011 R BUDGET AMENDMENT A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 18-011 R WHICH APPROPRIATED FUNDS FOR THE 2018-2019 FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2018 AND ENDED SEPTEMBER 30, 2019; PROVIDING AN EFFECTIVE DATE. Town Manager Labadie introduced this item. He explained that this resolution was necessary in allocating funds from one particular portion of the budget to cover funds in other areas. He discussed the accounts that were overspent and how the town would take money from accounts that were under spent to power. This would close a balanced budget with that also is revenue recognition and it the last step required by statute to balance the budget within 60 days. Commissioner David stated that everything seemed pretty straight forward and she is favor of it. Commissioner Donaldson had no comments. Commissioner Gossett -Seidman had no comments. Vice Mayor Babij had no comments. Mayor Zelniker had no comments. All Commissioners were in favor of Resolution No. 19-031 R. There were no public comments. Town Commission Regular Minutes Date: November 19, 2019 Page 8 of 17 MOTION: A motion was made by Commissioner Donaldson to adopt Resolution No. 19-031 R Amending Resolution No. 18-011 R which Appropriated Funds for the 2018- 2019 Fiscal Year Budget, Which Began October 1, 2018 And Ended September 30, 2019. Vice Mayor Babij seconded the motion. Ma0)zaZIT-O WOF.104 Commissioner David Yes Commissioner Donaldson Yes Commissioner Gossett -Seidman Yes Vice Mayor Babij Yes Mayor Zelniker Yes Motion carried on 5 to 0 vote. C. RESOLUTION NO. 19-032 R / FLORIDA DEPARTMENT OF TRANSPORTATION AGREEMENTS A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AUTHORIZING THE TOWN MANAGER AND/OR HIS DESIGNEE TO SIGN FLORIDA DEPARTMENT OF TRANSPORTATION AGREEMENTS ON BEHALF OF THE TOWN OF HIGHLAND BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie introduced this item stating that this is another step that FDOT needs completed so he can sign permits and construction agreements for the crosswalk enhancement project. Commissioner David had no comment. Commissioner Gossett -Seidman had no comments. Commissioner Donaldson stated that they have been working collectively and tirelessly. Vice Mayor Babij had no comments. Mayor Zelniker stated that this has been a long time coming she also thanked Commissioner Gossett -Seidman for potentially raising money. All Commissioner were in favor of Resolution No. 19-032 R. There were no public comments. Town Commission Regular Minutes Date: November 19, 2019 Page 9 of 17 MOTION: A motion was made by Commissioner David to adopt Resolution No. 19-032 R authorizing the Town Manager and or his designee to sign Florida Department,of Transportation Agreements on behalf of the Town. Commissioner Gossett - Seidman 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 5 to 0 vote. 10. CONSENT AGENDA A. None. 11. UNFINISHED BUSINESS A. None 12. NEW BUSINESS A. Approve and Authorize the Mayor to execute a General Release with Waste Management, Inc. for and in consideration of $150,000 for roadway pavement damage and assigning the funds for future roadway improvements within general fund reserves. Town Manager Labadie introduced this item stating that November of last year, Waste Management leaked some hydraulic fluid on the towns side streets. Pat Roman went to Waste Management and held them accountable, and they have come up with this release. It has been reviewed with the attorney's and Waste Management is comfortable to legally construct insufficiency of this to give the town $150,000. Those dollars are based on estimates derived from paving contractors, the town will take those dollars and assign them within the reserves for future roadway improvements on those three roads. The dollars are earmarked just for that use within the general fund. Vice Mayor Babij had no comments. Commissioner Gossett -Seidman stated that it sounds good. Commissioner David stated she is accepting it. Commissioner Donaldson stated that he assumes the damage was dispersed and is assuming that there is no way to fix a localized problem so the problem is being treated in a generalized way. Town Commission Regular Minutes Page 10 of 17 Date: November 19, 2019 Mayor Zelniker thanks Pat for saving the Town $150,000. All Commissioners were in favor this item. John Bowden 3407 S Ocean states that if there is money left over, the town needs to mention what they plan on doing with the remaining funds now. Town Manager Labadie explain that once it is signed into the reserves it can only be used for roadway improvements. MOTION: A motion was made by Commissioner David to approve and authorize the Mayor to execute a General Release with Waste Management. Vice Mayor Babij. 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 5 to 0 vote. B. Approve and Authorize the Mayor to execute an Interlocal Agreement between several municipalities for Southeast Palm Beach County Resiliency Partnership. Town Manager Labadie introduced this item. He stated that the Southeast Palm Beach County coastal resilience partnership banded together in 2017 when a few communities got together. It started from Boca all the way up to the Lake Worth. He talked about how dealing with climate change is not done on a community by community basis but how it is an area issue. The town defaults back to adjacent communities for refugee. He expressed kudos to the group who really did the heavy lifting Boynton Beach, and to Boca Raton and Delray Beach who he stated did a wonderful job as well. He stated that the town was able to get grants from the DEP to do the initial study. There is also another grant on the back and for the vulnerability assessment. He stated that the town can move forward collectively which always gives you better opportunities to secure grant dollars, which is the first step after working through this is the intergovernmental agreement. Commissioner David stated that she thinks it should be approved. Commissioner Donaldson asked if the other municipalities have approved this. He was advised of which municipalities have approved it. Commissioner Gossett -Seidman asked about the Towns of Manalapan, South Palm and Gulf Stream. He advised that some municipalities did not feel as though it were an issue for them. Town Commission Regular Minutes Page 11 of 17 Date: November 19, 2019 Vice Mayor Babij. had no comments. Manor Zelniker states that she is all for it and it is a start. John Ross of Casuarina asked to what extent could the group impose cost on Highland Beach. He was advised by Town Manager Labadie that the group cannot impose any additional cost, He also went on to further explain the purpose of the assessment and fees imposed. Mr. Ross also inquired about the county's participation in the assessment. Commissioner Donaldson talked about the town being made up of mostly water, and elaborated on The Town Managers comments and how the assessment is necessary. All Commissioner were in favor of this item. MOTION: A motion was made by Commissioner David to approve and authorize the Mayor to execute the Interlocal Agreement. 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 5 to 0 vote. C. Discussion of the draft Parking Ordinance and comments received from the public. Town Manager Labadie introduced this item. He went over the case history citing the different dates of review and discussion between the Code Enforcement board and the Town Commission. As a result, the Commission solicited comments from town residents regarding the draft Parking Ordinance. He then stated that it is being brought back before Commission to address necessary changes to be made. Vice Mayor Babiij. commented on the feedback received. He mentioned Overnight Parking, RV parking, Beach Parking, Commercial Vehicles, No Parking signs and Commission Approval in regards to no parking signs, Parking on the grass, and Construction Parking. Commissioner David stated she agreed with everything Vice Mayor Babij said. Parking on the grass was meant for AlA. She then elaborated stating that parking is not allowed on AlA at all. She discusses the additional issues with parking citing, narrow roadways as an issue. She also Town Commission Regular Minutes Page 12 of 17 Date: November 19, 2019 mentioned vehicles being parked in front of fire hydrants. She suggested having parking on one side of the street or limiting parking on both sides of the street. Commissioner Donaldson proposed having some sort of resident stickers that could be used to identify residents and their guest. He also stated that he does not want to be responsible for where signs would go. Commissioner Gossett -Seidman provided comments related to a slide show she created to show some of the parking issues she has witnessed. She stated that the codes need to be made more uniform. Also, if there is a party, resident need to notify the police department. She stated that the Ordinance should include mail boxes. Mayor Zelniker stated that she would like to hear the Chiefs recommendations. She stated that with regard to the Town Manager, Vice Major, Commissioners and the Chiefs comments, there can be an Ordinance. Chief Hartmann provided statements as to why the Ordinance was in place. Town Manager Labadie stated that a they will need to comb through this and see if they can capture the essence of everyone's thoughts into one. Commissioner Gossett -Seidman Recommended that the Chief and Town Manager speak to the Bel Lido Association as they represent a large number of the community. Discussion ensued regarding the parking of guest as well as beach parking. Doug Hillman of Dalton Place suggest that the Commission deal with broader issues rather than deal with parking issues. David Axelrod of Toscana is wondering why the code enforcement board is not handling this discussion. He stated that there should have been more meetings for the code enforcement board. He agreed that the Town Manager and Chief. The Code Enforcement Board should further look into this. Rick Greenwald of Tranquility Drive discussed how the parking has been since the construction Ordinance has been passed. He went on the discuss the importance or rules and guidance. He briefly discussed the issues that still exist in regard to service vehicles. John Bowden of 3407 S Ocean stated that he thinks the Commission should back off in relation to the Home Owners association and Condo Association. John Ross of Casuarina discussed allowing the boards to look into certain issues. Commissioner Gossett -Seidman read Ordinance section 8.02 control and supervision of streets assessments. Town Commission Regular Minutes Page 13 of 17 Date: November 19, 2019 Town Attorney Shutt discussed the parking in relation to the state laws of which they are governed vs local jurisdictions. Kathleen Kennedy discussed how the parking rule should have some sort of pass that identifies residents in the case of special circumstances. Commissioner David explained that the Chief is there for informational purposes and to discuss what is enforceable. She explained making recommendations that may be able to fix certain issues. Commissioner Gossett -Seidman asked why they did not receive a newly rewritten Ordinance to review as oppose to just the comments. Town Manager Labadie explained that it is impossible to keep with every comment in the Ordinance. Discussion ensued regarding what should be included in the Ordinance for day time parking. MOTION: A motion was made by Commissioner David to allow the Chief and Town Manager in conjunction with the Attorneys to rewrite the Ordinance. Commissioner Gossett - Seidman 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 5 to 0 vote. D. Discussion of a Community Appearance Award Program. Commissioner Donaldson. Commissioner Donaldson discussed coming up with ideas of community building exercises that could be done in the community. He suggested acknowledging people who are doing positive things to help with the appearance of the community through some sort of annul community appearance award that would be separated by category. He stated that he was not looking for action but was looking for feedback from the rest of the commissioners. Commissioner Gossett-Seidmanmentioned the Town used to have a designation of a favorite tree city nationally. She mentioned the possibility of an arborist award. She stated that it would be nice to have something nationally. Commissioner David stated that it was a nice idea but questioned who would decide who would receive an award. She stated it could create issues. Vice Mayor Rab i mentioned having something a little less formal where the commissioners could highlight an accomplishment etc. at the end of a meeting. Town Commission Regular Minutes Page 14 of 17 Date: November 19, 2019 Mayor Zelniker believed that she thought this was a great idea and also liked Commissioner Gossett-Seidmans ideas in regards to the landscaping. She also mentioned the possible issues that may arise. Commissioner Donaldson stated that he will think more about this and he will bring it back to the board at a later date. E. Discussion on adjustment size of Advisory Boards/elimination of Code Enforcement Board. Commissioner Donaldson. Commissioner Donaldson suggested that the Commission may want to reduce each board to a membership of five due to the difficulty in filing the boards. He also mentioned the low level of participation on the code enforcement board. Although he is not proposing any action, he states that he would like feedback. Vice Mayor Babijstates that the quasi-judicial boards should remain with seven members. These boards are tasked by commission more often. Other boards that tend to task themselves more, if they wanted to reduce the number of members to five, he stated he would not be oppose to that. He discussed the need for a magistrate. He also discussed the possibility of combining certain boards. He suggested the possibility of combining the Board of Adjustments and Appeals (BOAA) with Planning Board because the BOAA is becoming a little light. Commissioner David suggested dividing responsibilities up by levels. The boards can hear certain issues at a certain level and other issues can go to commission for further approval. She states that she would like to know at what point do issues reach code enforcement. She also brought up the idea of having members call in rather than stripping boards of people. Commissioner Gossett -Seidman stated that she liked the idea of the calling in but does not know if it has cleared all the legal hurtles for commission to allow that as of yet. She mentioned that she believes it should all be a unified group of boards and commission. She stated that waiting until June to see results may be a good idea. Mayor Zelniker stated that she was against the disbandment of the code enforcement board. She mentioned that working with volunteers is difficult at times. She discussed the possibility of a beach clean-up. She was advised that due to the private nature of the beaches the Town or any Organization would stray away from endorsing this as they would be held liable. Jane Perlow of Toscana West stated that it would be premature to disband any of the boards. She also discussed the code enforcement board and the fact that the board does not have enough members. David Axelrod of Toscana discussed the possibility of recruiting. He mentioned that cutting back the boards would be ridiculous. He also stated that he disagreed with downsizing any of the boards. Town Commission Regular Minutes Page 15 of 17 Date: November 19, 2019 Doug Hillman discussed a resignation on the financial advisory board. He stated that there should have been a legal response in regards to board members being allowed to call in. Jane Perlow, elaborates on the calling in process and how it can be beneficial. Commissioner David stated that the code enforcement board should work with the code enforcement officer. Jane Perlow of Toscana West discussed the possibility of fines to bring in revenue for the town as well as raising the violation numbers. Commissioner Gossett -Seidman posed the question of allowing a member who has exceeded their allotted time or served a number of terms to continue to serve on a board even though their time has exceeded when there is a need. Mayor Zelniker stated that the building department has been very strong and diligent and has been doing a great job. As a result, the Board of Adjustments and Appeals have had limited meetings. Discussion ensued regarding the appointment of new members and the time frame on which applications are being reviewed. F. Ratifying the appointments of members to the US Census 2020 Complete Count Committee. Town Manager Labadie introduced this item. He stated that four volunteers are going to help the residence with the census process. He states that Lois Albertson the Librarian and Terisha Cuebas assistant to the Town Manager will also be assisting in that as well. It is available April 1, 2020 and it is digital. Mayor Zelniker Listed the names of the individuals who will be assisting with the census. She thanked volunteers Douglas Hillman, Harry Adwar, Lynn Hankin, Holly Bot, and Lois Albertson for their assistance. MOTION: Commissioner Gossett -Seidman moved to appoint Douglas Hillman, Harry Adwar, Lynn Hankin, Holly Bot, and Lois Albertson to the 2020 Census Complete Count Committee. Commissioner David 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 5 to 0 vote. Town Attorngy Shutt left the meeting at 3:18 PM. Town Commission Regular Minutes Date: November 19.2019 13. PUBLIC COMMENTS AND REQUESTS None. 14. TOWN COMMISSION REPORTS Commissioner Evalyn David had nothing to report. Page 16 of 17 Commissioner Barry Donaldson stated that he attended a session of the Florida Legislative Meeting and has prepared a summary of the meeting. He discussed the various topics that were presented at the meeting. Commissioner Peggy Gossett -Seidman stated that the Costal Star and Palm Beach Post posted photos of the Police Chief and his staff appearing at the St. Lucie's Symposium about violence and human trafficking. Vice Mayor Greg Babes had no report. Mayor Rhoda Zelniker wished everyone a Happy Thanksgiving. 15. TOWN ATTORNEY REPORT None. 16. TOWN MANAGER REPORT Town Manager Labadie discussed the appropriation requests at the House Sub -Committees. He stated that the drainage project and the cross -walk project are both moving forward. He states that The Town should be there to advocate for themselves. Both he and Commissioner Gosset -Seidman states that on the senate side there is a different process. Commissioner Gosset -Seidman elaborates more on the process and what is currently being done in the process. Town Manager Labadie discussed the water department budget and stated that it cost 4.6 million dollars to run the water department. He also mentioned the apology letter the EPA sent stating they admitted to some errors. Lastly, he wished everyone a Happy Thanksgiving. An unidentified individual mentioned that the Delray Chamber of Commerce was going to be having a legislative luncheon on Tuesday November 26, 2019. He states that there will be six representatives from the house and five members of the senate in attendance if anyone would like to attend. Town Commission Regular Minutes Date: November 19, 2019 17, ADJOURNMENT' Page 1 Y of 1' There being_ no further business, Mayor Zelniker carted for a motion to adjc um the meeting at 5:08 Pm. APPROVED at February 4, 2020 Regular Meeting; Rhodael'n leer. Mayor r - y .ATTEST: - Transcribed by Ganette Thompson da Gaskins, NbAC.. Date