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2019.12.03_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 1:31 PM 2. PRESENT UPON ROLL CALL Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Date: December 3, 2019 Time: 1:30 PM The Town Commission led the Pledge of Allegiance followed by a moment of silence for the troops who are away from home. 4. ADDITIONS. DELETIONS. AND APPROVAL OF THE AGENDA Commissioner Gossett -Seidman requested to add "Discussion of Low Hanging Wires" as an item to the agenda. Discussion ensued about this matter being a policy issue or an issue for the Town Manager to handle. Commissioner David stated that she did not believe the issue was Commission related. Discussion ensued about how the item should be added to the agenda. MOTION: Commissioner Gossett -Seidman moved to add the item to the agenda. The motion failed due to lack of a second. The agenda was accepted as presented, and approved unanimously (5-0). 5. CIVILITY PLEDGE Town Clerk Gaskins recited the Civility Pledge. We will be respectful of one another even when we disagree We will direct all comments to the issue We will avoid personal attacks "Politeness costs so little." Town Commission Regular Minutes Page 2 of 9 Date: December 3. 2019 By: Abraham Lincoln 6. PRESENTATIONS /PROCLAMATIONS A. The Town of Highland Beach Day Proclamation (THIS ITEM WAS PAUSED AWAITING PRESENTER O PROCLAMATION) Mayor Zelniker explained that Vice Mayor Weinroth, of the Palm Beach County Commission was running late to the meeting, and when he arrived Commission would move to the item. 7. PUBLIC COMMENTS AND REQUESTS Tim Burnich of 4505 S Ocean Blvd provided comments regarding the last meeting and the recording and speaker podium issues. He stated that he could not hear what people were saying and that there was discussion regarding the Code Enforcement Board. He said he believed the issue with getting people to serve on the board was the constant conversation regarding whether or not the board would be disbanded. He mentioned that not everybody on the board had the opportunity to serve a three-year term and gave a brief overview of some issues the board resolved in the past year. John Boden, 3470 South Ocean Blvd provided comments about two experiences he had associated with crosswalk visibility. He states that he hoped to have multiple high flashing lights that would be visible to everyone and felt that the town needed to have better signage with all lights being the brightest installed. He passed out handouts to Commission. John Shoemaker, 3594 S Ocean Blvd made a suggestion regarding the water. He stated that the taste of the water was not there and did not make him feel comfortable. He stated that there had to be a way for a taste test instead of relying solely on the usage of data. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS A. Board Vacancies Board of Adjustment and Appeals Board — Three vacancies for a three-year term 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 Financial Advisory Board — One upcoming vacancy for an unexpired term ending April 30, 2021 4. Planning Board — One upcoming vacancy for an unexpired term ending September 1, 2022 B. Upcoming Meetings and Events Town Commission Regular Minutes Date: December 3, 2019 Page 3 of 9 1. Light Up the Holidays and 70th Anniversary Events— December 5, 2019 — 6:30 PM 2. Natural Resources Preservation Board Meeting — December 9, 2019 — 9:30 AM 3. Planning Board Meeting — December 12, 2019 — 9:30 AM 4. Town Commission Regular Meeting — December 17, 2019 —1:30 PM 5. Town Hall Closed — December 24, 2019 — Christmas Eve December 25, 2019 — Christmas Day C. Board Action Report 1. None. Town Manager Labadie explained that at the last Commission meeting the Financial Advisory Board (FAB) Report was presented. He said he received a report from (FAB) Chairperson Stern, which he read into record. In the report, Chairperson Stern addressed the upcoming meeting with Fire Department Chief DeJesus to discuss the fire contract. He mentioned that the board had some questions they would like to have answered prior to the next (FAB). The proposed questions were as followed: • Was there a five-year, yearly increase plan in personnel cost in benefits? • Was there a five-year, yearly operating expense projection? • Are there other planned expenditures that would affect Highland Beach budget over the next five years? • What is the cost per transport from Highland Beach to hospitals? • Is there a different cost depending on transport destination? • How do reimbursements work? • After Medicare is the secondary insurance billed and is the resident billed for the difference? • Who is responsible for the follow-up? • Are residence and the guest of residence treated the same economically? 9. ORDINANCES AND RESOLUTIONS Mayor Zelniker read the title into record. A. ORDINANCE NO. 19-010 O / CODE CITATION PROCESS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE V `BOARDS AND COMMITTEES", BY ENACTING DIVISION 5 "SUPPLEMENTAL CODE COMPLIANCE PROCEDURES", TO PROVIDE A CODE CITATION PROCESS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING WAS NOVEMBER 5, 2019) Town Manager Labadie introduced the item. He stated that Assistant Terisha Cuebas forwarded a Town Commission Regular Minutes Page 4 of 9 Date: December 3. 2019 marked -up, redlined, version via email, which depicted some changes that were made. He stated that those changes were on page 3 of the Ordinance. He advised that included in the finalized Fee Schedule were the same changes as well as how the town would collect administrative charges. He said that there were 82 code violations and 74 warnings and stated that it was the second reading of the Ordinance. Vice Mayor Babi stated that he was happy with the changes and that it was a nice balance. Commissioner David said she concurred with Vice Mayor Babij. Commissioner Gossett -Seidman said she concurred with Vice Mayor Babij and Commissioner David. She asked Town Manager Labadie to provide a list of violations to Commission as well as a monthly or quarterly report on the violations to keep them informed. Town Manager Labadie reported on what would be contained in the report. Commissioner Donaldson had no comments. Mayor Zelniker had no comments opened Public Comments. John Ross of Casuarina made remarks that the Ordinance did not provide who would be hearing the case and questioned whether cases would be heard by a Magistrate or the Code Enforcement Board. He said the nature of the warning had to be clarified so that it is in the process and did not affect the fines. He said that warnings should also have a timeframe and date of when issues should be rectified or if there would be a citation. He mentioned that there is contradiction on Section 2.170 subsection D and questioned who will bring the hearing. Commissioner David explained there was not a lot of discrepancy. She said that generally, in the town, a warning is given and it did not need to be codified. She advised that she thought the Ordinance should be passed as is. Vice Mayor Babij asked about the language on the agenda summary and in the Ordinance. Town Manager Labadie explained where the amendments would be made and the process of how violations would be handled. Vice Major Babi asked who brought the hearings? Town Manager Labadie explained the process of how the town dealt with code violations. Commissioner Donaldson stated that he did not have a problem with the option to keep the Special Magistrate or Code Enforcement Board. He said it was very clear; when it was started, that compliance is what was sought after. Commissioner Gossett -Seidman agreed with Commissioner David and asked if the process could be laid out to everyone in terms of a flow chart so that it could be understandable to residencelbuilders, etc.; she said that way it would be clear to everyone. Mayor Zehiiker asked about the 82 code violations and if some people were fined. Town Manager Labadie explained how many people were fined and how many people complained about the fines. Mayor Zelniker asked about how many people complained about the fines. Town Manager Labadie explained that there were about $1,000.00 in fines. Town Commission Regular Minutes Page 5 of 9 Date: December 3, 2019 MOTION: Commissioner Gossett -Seidman moved to adopt Ordinance No. 19-010 O, the motion was seconded by Commissioner David, and passed unanimously (5-0). UPON ROLL CALL: Commissioner Gossett -Seidman Yes Commissioner David Yes Commissioner Donaldson Yes Vice Mayor Babij Yes Mayor Zelniker Yes Motion carried 5 to 0 vote. Town Clerk Gaskins advised that Alexandra Ayala from the Palm Beach County Commissioner's Office had arrived to present the Proclamation on his behalf of Vice Mayor Weinroth for the Town of Highland Beach Day, celebrating the town's anniversary (see Item 6A). Alexandra Ayala read the Proclamation into the record. B. RESOLUTION NO. 19-033 R / WATER INFRASTRUCTURE FUNDING NEEDS Mayor Zelniker read the title into records. 1. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING PASSAGE OF LEGISLATION TO DETERMINE THE STATE OF FLORIDA WATER INFRASTRUCTURE FUNDING NEEDS AND POTENTIAL SOURCES OF REVENUE TO ADDRESS THE SAME; AND PROVIDING AN EFFECTIVE DATE. Commissioner Donaldson introduced this item and stated that the purpose of it was to show support for the funding and the direction that had already been proposed by the governor. He asked that the Commission consideration that the town adopt the resolution. He stated that it had been recommended by the Florida League of Cities that various municipalities participated to lend support to the effort and to do all possible to help protect natural resources, particular the water supply. He advised the three primary considerations were: 1). An assessment of and reports on the State of Florida Water Resources Infrastructure 2). The identification of funds necessary to protect and enhance Florida's Water Resources, address water resources and water supply development, provide adequate flood protection, address waste water management and provide water quality protection and development, including the treatment of impaired water and the restoration of natural water bodies. 3. The identification and evaluation of funding alternatives correctly available to the state, as well as other financing mechanisms or models being used by other states to ensure the long-term water infrastructure needs. Town Commission Regular Minutes Page 6 of 9 Date: December 3, 2019 MOTION: Commissioner Donaldson moved to adopt Resolution No. 19-033 R, the motion was seconded by Commissioner David, and passed unanimously (5-0). Commissioner David said she supported the resolution. Commissioner Gossett -Seidman asked if it would be a financial burden on the town and what other municipalities were doing it? Commissioner Donaldson explained he believed it started in Broward County. He stated that he was not sure how many had adopted it, but the burden was a necessary burden to tax payers. Vice Mayor Babij asked if the resolution was just showing support. Town Manager Labadie explained the resolution was to show support of the state moving in this direction. Mayor Zelniker provided comments about what was needed from the state and federal government stating that grants are needed. She asked if there were any Public Comments and there were none. 10. CONSENT AGENDA A. Nomination to Reappoint Richard Bailyn as a member to the Board of Adjustment and Appeals to serve a Three -Year term ending November 30, 2022. B. Nomination to Appoint Susan Amerling-Stern as a member to the Natural Resources Preservation Board to serve an unexpired term ending April 30, 2021. Commissioner David agreed to move forward. Commissioner Donaldson agreed to move forward. Commissioner Gossett -Seidman agreed to move forward. Vice Mayor Babij agreed to move forward. Mayor Zehiiker agreed to move forward, and stated that the Board of Adjustment and Appeals did not have many meetings, and that the Building Department does a great job. She welcomed both members to their respective boards. John Ross, Casuarina asked why Commission was looking at the applicants, and discussed the process as being drawn out. He stated that if the boards were willing to have them and they meet the criteria, let them be on the boards. MOTION: Commissioner David moved to accept the Consent Agenda as presented, seconded by Commissioner Gossett -Seidman, and passed unanimously (5-0). Town Commission Regular Minutes Page 7 of 9 Date: December 3, 2019 11. A. None 12. NEW BUSINESS A. Approval of Meeting Minutes: September 24, 2019 — Regular Minutes Commissioner Gossett -Seidman had some changes to the September 24, 2019 Minutes as follows: Page 7- under comments made by Commissioner David, the sentence read "Commissioner David stated that the trolley cars have anyftg to do with the display, and she is not suggesting removing them from the festivities. She stated that it should read "Commissioner David stated that the trolley cars have nothingto o do with the display, and she is not suggesting removing them from the festivities. Page 7 under comments made by Commissioner Gosset -Seidman the comments read "She stated she was wondering if anothe bids or paperwork." And she stated that they should read, "She stated she was wondering if there were any other bids or paperwork." She also mentioned in the next line that the comments were plural and should be singular. The comments read as "She proceeded to comments on decoration/lighting in Bel Lido neighborhood cost for holiday lightings." Instead, they should read as "She proceeded to comment on decoration/lighting in Bel Lido neighborhood cost for holiday li tin ." Page 8 — under comments made by Commissioner Gossett- Seidman, where the Town Manager explained "We will have a menorah and a Christmas." Instead, she states it should be corrected to "We will have a menorah and a Christmas tree." Page 9- under comments made by Commissioner David, "suggested to go with alternative two, have the company spread out wear 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 where the lights go." Instead it should read "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." MOTION: Commissioner David moved to accept the September 24, 2019, Regular Minutes with the corrections, the motion was seconded by Commissioner Gossett -Seidman. and passed unanimously (5-0). 13. PUBLIC COMMENTS AND REQUESTS Tim Burnish provided comments about Ordinance No. 19-010 O. He stated that the Code Enforcement Board is presented with issues and wanted individuals to know how the board actually works. Town Commission Regular Minutes Page 8 of 9 Date: December 3, 2019 Rich Greenwald provided comments related to governance; suggesting the additional agenda item to Commission for informational purposes only. He said it would be very good for team building and trust. 14. TOWN COMMISSION REPORTS Commissioner Evalyn David had nothing to report. Commissioner Barry Donaldson mentioned that he raised a couple of topics at the last meeting and will be bringing them back to Commission stating that he is still working on the topics. He read a personal correspondence he received from the Florida Elections Commission regarding case number FEC 19- 13 8 into the records. He advised the correspondence was concerning Respondent John Ross not timely registering the Committee to Save Highland Beach, as a political Committee. He advised that it served as a reminder to anyone wanting to have a political action in the town and that there were points at which you need to become a Political Action Committee. He advised that going forward, he hoped there would not be a repeat of it. Commissioner Peggy Gossett -Seidman gave an update regarding a low hanging wire last week. She said that the wire was hanging so low that a garbage truck could not pass through. She stated that it was the fifth time the incident had happened since she lived at her resident. She stated information she received from a friend who worked for FP&L, stated that in certain instances, the wire could be grounded at no additional cost to the municipality. She advised that due to the situation, a person could not be delivered home via ambulance and had to be shuttled home on a gurney. She said her and her husband measured the wires on yesterday and although legal, they did not allow for commercial vehicles to pass under them without snapping. She provided comments regarding the footage of the wires. Vice Mayor Greg Babij had no report. Mayor Rhoda Zelniker explained that Governor DeSantis passed a bill to place all wires underground. She also stated that she was looking forward to the event of December 5, 2019, as well as Christmas and Hanukkah. 15. TOWN ATTORNEY REPORT Town Attorney Torcivia gave his report regarding Commissioners and Advisory Members attending meeting telephonically. He discussed the outcomes of his research. He said that overtime the reasoning for calling into meetings became more relaxed. He mentioned narrowing down on how strict the reasoning would need to be in order to warrant a call in. He suggested having more than just a speaker phone so that a person can participate, possibly via Skype or other forms of video conference. Town Commission Regular Minutes Page 9 of 9. Date: December 3, 2019 16. TOWN -MANAGER REPORT Town Manager Labadie introduced the new Town Planner; Ingrid Allen. Ms. Allen explained that she had worked as a municipal Planner for IS years and that she was very excited to be at the town. Town Manager Labadie talked about the crosswalks, stating that staff was working through the RFPs. He mentioned that there were two things missing from the Light Up the Holidays display contract on purpose; the 6 -foot -tall Nativity Scene and the Chant .Dreidel and that the Menorah would be delivered prior to the holiday event. He stated that the Town Clerk's Office did a wonderful job putting the holiday event together and that it would be a great event. He said he looked forward to seeing everyone in attendance. 17. ADJOURNMENT There being no further business,. Mayor Zelniker called :for a motion to adjourn the meeting at 2:48' PM. APPROVEWat Fe&uary -1,_2020 Regular Meeting. ATTEST: _ i a ida C askins, N C. — Baw 1/30/2020 Rhoda k r. Mayor Transcribed by Ganelle Thompson Date -