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2019.10.15_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 PM 2. PRESENT UPON ROLL CALL Commissioner Evalyn David Commissioner Peggy Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Town Attorney Brian Shutt Town Manager Marshall Labadie Town Clerk Lanelda Gaskins ABSENT: Commissioner Donaldson 3. PLEDGE OF ALLEGIANCE Date: October 15, 2019 Time: 1:30 PM The Pledge of Allegiance was led by Commission, followed by a moment of silence for the all the Troops especially the ones stationed in Syria. 4. ADDITIONS. DELETIONS, AND APPROVAL OF THE AGENDA Mayor Zelniker asked if there were any additions or deletions to the Agenda. Hearing none, she asked if there was a motion to accept the agenda? MOTION: Vice Mayor Babij moved to accept the agenda as presented. Commissioner David seconded the motion, which passed unanimously. 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 Town Commission Regular Minutes Page 2 of 15 Date: October 15, 2019 6. PRESENTATIONS / PROCLAMATIONS A. National Hunger & Homelessness Awareness Week Proclamation Mayor Zelniker read the proclamation into record, reading that the Town of Highland Beach Florida accepted it and that November 171~ through 23rd was declared as National Hunger and Homeless Awareness Week. It was advised that Ms. Shea Spencer, the Chief Executive Officer (CEO) with the Homeless Coalition of Palm Beach County contacted the Town to ask for sponsorship of the proclamation to recognize National Hunger and Homeless Awareness Week. The Town Clerk was instructed to mail the Proclamation to the Palm Beach County Homeless Coalition. B. Police Department Statement Accreditation Recertification Award Chief of Police Craig Hartmann introduced the item and provided background information on Highland Beach Police Department becoming accredited. He stated that several years ago, the process of accreditation for law enforcement was decided upon. It was something the department needed at the time and that the department's first Accreditation Certification from the Commission of Law Enforcement was state issued. And that the police department was state certified, as an accredited agency and that once becoming accredited the department had to be reaccredited every three years. He advised that the most difficult challenge was the first reaccreditation because there had to be proof that the department did everything specified in that there had to be three years of proof of having done so. He advised that the police department was recently recertified. He advised that accreditation was important for a law enforcement agency, as it was an industry standard and that it was big in different circles of law enforcement, fire departments, hospitals, and universities and is certainly big in the arena of what police officers do. The high liability responsibilities of having to be able to detain, and arrest people and then use deadly force, if needed. So, it was imperative that the department had all standard practice policies and protocols in place just like other municipal agency. He advised that it was not just local municipality, but that the State of Florida had accreditation in law enforcement from the biggest to the smallest municipalities in the state. He said that Highland Beach is definitely the smallest municipality in Palm Beach County that is a state accredited agency and that receiving that status is not an easy endeavor. He advised that Delray Beach and Boca Raton are accredited agencies and that town interacted, trained, and shared resources with them to ensure that the community had confidence in their Police Department as it is well trained, well prepared and that it is not just operating on the auspice of the Chief of Police and how he feels. Chief Hartmann reported that last week they had the privilege to visit St. Petersburg before the CALEA (the Commission on Accreditation for Law Enforcement Agencies, Inc.). The police department gave a presentation representing the Town of Highland Beach Police Department as an agency. He shared that Highland Beach had one of the lowest crime rates in the area and why the Town was so popular to live in and highlighted one of the police department's programs, the Senior Concern Program. A program where the police department saw the opportunity many years ago, to do follow-up and care for seniors that maybe living alone, and that may need assistance Town Commission Regular Minutes Page 3 of 15 Date: October 15, 2019 contacting family members, and Social Service and how the program has been very well received in and outside they agency. He introduced Accreditation Manager Eric Aronowitz and expressed that he was a valued employee. Commissioner David congratulated the Police Department. Commissioner Gossett -Seidman congratulated the Police Department stating that she thought it was fantastic and that the whole community was behind them, as they do a wonderful job. Vice Mayor Babij advised that he sat through the Accreditation process and one of the things that was done is the accessors looked through the complaints and were shocked to find there were none and had almost no exemptions. Mayor Zelniker commented how very proud she was of the Town's police officers and how wonderful the Police Department is and followed with the open of Public Comments. 7. PUBLIC COMMENTS AND REQUESTS NON -AGENDA ITEMS ONLY John Rand of Bel Lido (former Vice Mayor and Commissioner of Highland Beach) stated that he was involved in getting the City of Delray Beach to perform the Fire Rescue and Paramedics service a savings of $400,000 from what was previously paid and that they did a very good job. However, his concern was that the contract was one sided and in favor of Delray Beach. He said that some of the terms and conditions were difficult to interpret and that Highland Beach was paying Delray a fee for services, and Delray was charging the residents Medicare and other insurance provider fees as well. He mentioned how John Ross said Delray had bragged, in public, that the service they provided to Highland resulted in an $800,000 profit. He said he believed Highland Beach should collect the money that the insurance companies paid to Delray Beach and that three years was too lengthy of a cost to pay in severance to be released from the contract. He suggested that the Town meet with the City of Delray Beach to modify the contract and hoped that Highland Beach could continue to work with Delray with a contract that is mutually beneficial. Tim Burnich of 4505 S Ocean Blvd advised that he had attended the Beach Condo Association meeting and that Chief Craig Hartmann was a speaker at this meeting and thanked him for going over the Hurricane Evacuation Plan, stating he did a great job. He also made statements about seaweed, and Sunday afternoon traveling north of AlA where there were properties that had swales, but there was no flooding and that sidewalks on the west side of AlA had some water problem. He said that he thought the issue with the sidewalks could be rectified if they were slightly raised. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS Mayor Zelniker read the following into record. A. Board Vacancies/Interviews Town Commission Regular Minutes Date: October 15, 2019 Page 4 of 15 1. Board of Adjustment and Appeals Board — One vacancy for an unexpired term ending January 3, 2020 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 4. Planning Board — One upcoming reappointment for a three-year term B. Upcoming Meetings and Events 1. Financial Advisory Board Quarterly Meeting —October 24, 2019 — 9:30 AM 2. Town Commission Regular Meeting —November 5, 2019 —1:30 PM C. Board Action Report 1. Planning Board 9. ORDINANCES AND RESOLUTIONS A. None. 10. CONSENT AGENDA A. None. 11. UNFINISHED BUSINESS A. None A. Approval and Authorize the Mayor to Execute a Professional Service Agreement between the Town of Highland Beach and Government Services Group, Inc. in an amount not to exceed $45,000.00 for financial and accountant consultant services. Town Manager Labadie stated that the contract looked very similar to what was executed when Cale (previous Finance Director) left and the same firm was brought in to provide assistance. He said that with the departure of the Deputy Finance Director and being the small Department Finance is, the help was needed; so, the firm was used again. The firm supplied an accountant to assist with Finance Department task. He stated that having a departure in the department at yearend, was not a good thing and that staff was trying to catch up while actively recruiting and hoped that within the next 3 to 5 weeks, the position would be filled. He advised that Finance Director Matt Lalla was there to speak more on the subject. Mayor Zelniker advised that the Commission discussion would start with Vice Mayor Babij. Town Commission Regular Minutes Page 5 of 15 Date: October 15, 2019 Vice Mayor Babi inquired about the "not to exceed cost" and asked about if the temporary person that was in place was at or less of a cost than the previous Deputy Finance Directors and what was the rough cost associated per week? Town Manager Labadie advised that it was probable a little more expensive and would be roughly about $3,300 a week to include the travel and other associated cost to bring the person to the Town. Commissioner Gossett -Seidman commented that the last time the firm was used, they were very efficient and she presumed that the same level of service would be provided this time. Commissioner David stated that temp employees are generally more expensive than having a full- time employee. As long as the Town Manager and Finance Director are pleased with the services, she had no reason to object. Mayor Zelniker stated that she agreed as there was no choice. The personnel in that department has moved on to another opportunity and the Town had to do this until the right replacement was found and opened Public Comments. Hearing none, Public Comments was closed and she asked for a motion on the matter. MOTION: Commissioner David moved to approve the Professional Service Agreement with Government Services Group; Inc., subject to legal review. Vice Mayor Babij seconded the motion. UPON ROLL CALL Commissioner David Yes Vice Mayor Babij Yes Commissioner Gossett -Seidman Yes Mayor Zelniker Yes Motion carried on 4 to 0 vote. B. Approval and Authorize a Sole Source Procurement for Hardware needed for an upgrade of the Supervisory Control and Data Acquisition System (SCADA System) for the Water Plan from Rexel, the Sole Supplier for Allen Bradley/Rockwell Products, in the amount of $179,267.75. Town Manager Labadie introduced the item stating that it was a request to purchase parts. He advised that Public Work Director Pat Roman and Tyler the Engineer from Global Tech were there to answer detailed questions regarding the SCAD System. He said that some of the parts were 15 years old and had started to reach lifecycle and needed to be replaced and updated. He said the option was to buy the products because other parts would jam the SCADA System and that replacement parts had to be purchased. He advised of concerns over the contingency, and said that it was in case there were some wire harness, adapter or something not thought of when starting the replacement project and that it would give the flexibility to purchase the products without having to do a contract amendment before the Commission and things of that nature. It's a 15% contingency as moving forward with the controller, electronics and software components to the system. That there were three or four Town Commission Regular Minutes Page 6 of 15 Date: October 15, 2019 cabinets that controlled, from chemical feeds to water control and that all the operators were working off the SCADA System. It tells everything that is going on at the Plant and kept staff alarmed with functions. He reiterated that the replace needed to be done. The option is to go and buy the parts direct, as the town is tax exempt. If it is given to a third party vendor to go purchase it on the Town's behalf, the town would accumulate the tax cost. All the parts needed was identified with the installer by Pat Roman and Dave Ailstock. He stated that if the Commission was inclined to move forward, a simple purchase agreement be put together. That there were State requirements that were somewhat new and that he had spoken with the attorneys about it. It is just a very simple purchase agreement that protects the Town's rights and ensured that all the manufacturers guarantees were included and public procurement requirements were in place. Major Zelniker asked Pat Roman and Tyler Davis to come to the podium for questions. Vice Mayor Babii had no comments. Commissioner David asked what was the expected life of the system. Tyler Davis advised that the previous components lasted 15 years and would expect the new ones to last about the same length of time. Commissioner David said that it sounded as if there was only one place to purchase the parts from because manufactures could not be mixed. And asked if there were a newer complete system that the Town could purchase... and if so, what was the cost? Tyler Davis, replied that those were the parts needed for this system and if they were to be changed a lot more would need to be changed within the distribution system and an Engineering firm would need to be hired to do the study. At least 20% more would be spent just for the Engineering fee alone and it would be two to three more times expensive. Commissioner Gossett -Seidman stated this is proprietary and the Town could not get bids and there is no other service provider. Tyler Davis responded that Allen Bradley System Rexall is the only distributor on this side of the world that distributes the product. Commissioner Gossett - Seidman asked what was the life expectancy of the whole facility? What was the life expectancy of the other prevailing pieces of equipment? Will it make it last 15 more years or will something else go in five years? Tyler Davis explained that the system had many working components and it was hard to predict because of renewals or replacement of something. He said it was difficult to make a prediction. Commissioner Gossett -Seidman inquired if it had anything to do with the quality of water, which had come under question from citizens or was it just a normal routine replacement? Public Works Director Pat Roman explained it was normal, so that the operators had control of turning Plant pumps on and off, chemical feed pumps and things of that nature and that it could affect the quality of the water, if it was not being monitored, but directly it did not have an affect on the quality of the water. Town Clerk Lanelda Gaskins ask for the record if the person giving public comment could state his name? He responded, Tyler Davis, Lake Global Tech. Mayor Zelniker advised that she agreed with Vice Mayor Babij and that as far as she knew there was no problems with the water. That there was a problem with some agencies not updating their computer and that a computer is only as good as the people who are working it and changing things as it goes. She said that it had been assured that Highland Beach had excellent water. The town Town Commission Regular Minutes Date: October 15, 2019 Page 7 of 15 even received an award and that the purchase had to be done. She opened Public Comments. John Ross, Casuarina stated that it was not often that you get to bring your own props supplied by the Town, and stated that it is what happens to a Highland Beach drinking bottle, when it is put in a dishwasher and washed with the water. He asked the Town Manager if the purchase was included in the budget? Town Manager Labadie advised, yes. John Ross said that clearly the Commission was completely unqualified to vote on the subject because they did not know what they were talking about. He stated that once again there was a $200,000 item that had never gone to a board and asked what was the purpose of the board and what is it that the board review? He said that he did not understand the Town Manager's comment about if you buy from a third parry you had to pay taxes because it was built into their cost. He said that he was told two weeks ago that everything was perfect with the Water Plant and is now being told that the control systems for the Plant are dying. He said that he did not understand the contradiction. He advised that the statements he was giving were being read for someone who was afraid to come to the meeting. He advised that the contract was for mostly hardware and a little bit for software about $7,000.00 and there was no mention in the contract about the cost of installation of the new hardware and software or the training needed to operate them. He said he assumed they would be added later and that breaking up stuff to avoid a referendum was an error and that everything connect to the project should be one item. He said there is a 15% upside and that industry standard is 10%. Commissioner David stated that she did not know why the water bottle did that, but it could be because of the bottle, not because of the water, or dish detergent. She explained there were any number of things that could have caused deterioration and was not sure that was indicative of anything. Commissioner Gossett -Seidman stated her and the rest of the Commission were not supposed to be experts on all matters that happens in the town, but that they were there to set policy and make sound decisions on behalf of all residents and that they were aggressively looking at the water among other things in town and was not a geologist. She advised John Ross that maybe his settings were incorrect. Vice Mayor Babij stated that the issue with the cup may be attributed to the heat an aberration of the way the water was rough against the cup. He also stated the Yeti's are over engineered that is what they are designed for. He said that although never practiced, he was trained as a Civil Engineer and spent a lot of time in college working on designs and infrastructure sort of things and were always taught that when you design those type systems parts break and was surprised the cost for replacement equipment was not a lot higher than they had been. Mayor Zelniker provided statements about the durability of the Yeti. She also mentioned other issues that could be associated with why equipment needs to be changed. She said that the building she lives in had old water pipes corrosion that was changed, and some water filters that needed to be changed. She said that nothing last forever. Douglas Hillman of Dalton Place expanded on Commissioner David's comments. He inquired about a new system instead of replacing parts, asking if they would be looking at a more state of the art system, spending more money now and in the long run saving money. He asked was there a better system out there? Tyler Davis explained that he could not say that the system was the absolute best, but said to get a newer from the ground up system, that many times more money would be spent. He estimated three times as much. Town Commission Regular Minutes Page 8 of 15 Date: October 15, 2019 Commissioner David asked if not thinking about cost and getting the best newest system, what would the Town get? Tyler Davis explained that he was not sure anyone would notice in the improvement, if three times as much money. Commissioner David stated that she understood that the water quality would not be affected. She asked if the Plant would run more efficient? Pat Roman advised that it would not; that the Plant would run the same. Commissioner David asked since the parts were just being replaced would new training be necessary? Pat Roman advised, no that someone would be hired for installation. Town Manager Labadie advised that the control company said it would not be any more than $30,000. He also elaborated on the choice of replacing the parts as opposed to buying a new system and that the system would be right around $210,000 versus $600,000, $650,000 and there was no appreciable difference between the two operating systems. Douglas Hillman of Dalton Place gave an example of the purchase of a new car in that the additional $400,000 is for (called it the car) and now the tires are being changed and keeping the car. Town Manager Labadie advised that when a new engine is put in a car you get the whole engine's life over again and with the electronic parts, they all tie back in operating the same system. Pat Roman advised that once the parts are replaced, the other integral parts of the SCADA System is harder, not technical component that tends to go bad over time that it was more the hard wiring component. John Boden, 3407 S Ocean Blvd asked if contracting out would be a potential alternative to what is being done. Town Manager Labadie explained that SCADA systems is not going anywhere, he stated that they are global techs on contract with the Town that come in and periodically repair necessary issues. He advised that it was a capital improvement to the system and that the system work parts are just reaching lifecycle and that a reconstruction of the system's guts need to be done, which would last for the next 15 years. He also advised that the software tweaks come with it and that Plant operators go to classes to maintain their licenses and know how to operate the system and it is ongoing. Mr. Boden explained he agreed with the concept 100% and asked if there was a company that produce a maintenance type of service? Vice Mayor Babij ask if when the switch is done, is it any downtime with making the switch and wanted to know, if yes, how long of a downtime would it be and would there be a switch over to Boca or Delray? Tyler Davis explained that there would be no down time or interruptions. Mayor Zelniker asked if there were any further comments. There being none; Public Comments was closed. Commission discussion followed. Commissioner David advised that there is not a lot of choices and wanted to keep the Plant in good operating condition and it is what the experts have recommended. She stated that she is not an expert and that at some point the people hired had to be trusted. Commissioner Seidman no additional comments. Vice Mayor Babij no additional comments. Mayor Zelniker provided comments regarding if an item was over $500,00 to $800,000 that there would have to be a Town referendum, per Charter. She said that she always thought that with such a thing as good and welfare, that the Commission had the right to make sure that there is Fire and Town Commission Regular Minutes Page 9 of 15 Date: October 15, 2019 Police Service. And that there was not a Town referendum for the negotiation with the police department or the employee union or anything like that. That the town have to have water. She asked if water would be considered the good and welfare of the residents and the community? Town Attorney Shutt advised that the question, does everything have to go through another board? No, it does not. Not in accordance with the Town's purchasing code, not in accordance to the rule or procedures. There are certain things that go to other boards; however, there are certain things the elected body make decisions on. He said that water is one of the more important things; water and sewer and things like that, as far as the public health, safety, and welfare. Mayor Zelniker advised that it is when renovations are made that is cosmetic, that has to go to a referendum. She advised that she wanted to be clear on that. That when a health situation needed to be made a policy on health of the residence of the town, it is the Commission. It should not have to go to another board. Attorney Shutt advised that he believed that if there were certain emergency situations that come up, that would require immediate action, he would think that Commission would have the ability to do that. However, if there is not, even if it deals with water or other things, he thinks that the Charter would need to be reviewed to make sure the Commission was acting in conformance with that and that it depended on the circumstances. Mayor Zelniker asked for a motion to approve the purchase from Rexall the soul supplier... Attorney Shutt advised that it is also subject to incorporating a purchase agreement in that of directing staff or if a purchase agreement is received from the supplier for legal review of that purchase agreement prior to execution by the Mayor. Mayor Zelniker again asked for a motion and a second. MOTION: Commissioner David moved to approve purchases subject to the attorney's review of the purchase agreement from Rexel, the sole supplier; subject to incorporating a purchasing agreement for legal review. Commissioner Gossett -Seidman seconded the motion. UPON ROLL CALL Commissioner David Yes Commissioner Gossett -Seidman Yes Vice Mayor Babij Yes Mayor Zelniker Yes Motion carried on 4 to 0 vote. C. Discussion of Complete Town Condo Boards General Meeting with the Commission to set a date for early next year. Commissioners Gossett -Seidman and Evalyn David. Commissioner Gossett -Seidman introduced the item to alleviate any Sunshine Laws, and conflict, questions. She said that currently, there are no open meetings for condo boards for sharing of comments and suggestions. She asked if it is possible to look at an early meeting for next year and that the meeting was not mandatory, that it was just a way to bring the community together. She advised that most people who live in the Town do live under a condo or some type of association by law. She said that she is looking forward to starting the New Year with a new way of communicating among residents. Town Commission Regular Minutes Page 10 of 15 Date: October 15, 2019 Commissioner David advised that there are unique issues in condos and co-opts (apartment buildings). She said that she would like to have the boards from the buildings bring them to the Commission to address their unique problem. She said they don't have an issue with parking or certain other things that some parts of town have, but could be different based on location. She said that she would like to have some sort of a dialogue available, so that Commission can address their needs. Vice Mayor Babii said that he thought that it was a great idea to have some periodic meetings between HOA committee members and Commission. He said it could be a two-way street of communication and did not see a down side. Mayor Zelniker explained that Boca Raton/Highland Beach Condo Association meeting. She said she is not opposed to having it. She related that there was a lot of work being done in the Town and she did not believe it was a good thing to get involved with making recommendations of people. She said that some condo associations need to make sure they are up to code. She said that maybe Commission could make associations aware of some of the new codes for the safety of their own people. She feels that it is a good dialogue and a good idea. She is not opposed to it. Town Manager Labadie stated he liked the idea. He is receptive of creating a dialogue forum collectively for more participation. He said that he did not know the specific or best format yet, but as part of the discussion would try to format it. Mayor Zelniker advised that the Town Manager Labadie was not at the town when many of the condo communities came to the meetings and that they came when there was a reason to come. She gave reference to crosswalk lighting. She advised that when the condominiums want something, they come out in force, as they did with the crosswalk lighting issue. Town Manager Labadie advised that something a little bit more formal would help. He said to have specific dialogue on issues and topics to bring a representative from their boards and report back to their group. He said it gives the Town the channel to communicate with the condo boards so everyone is moving in the same direction to become more familiar with town workings. He said that he believed that it would be a great communication forum. Mayor Zelniker advised that Public Comments was opened. Fred Rosen, Braemar Isles, advised as a board member of a condo association, they were well aware of the problems they have with pipes and they know the particulars. He said that he loved the idea. He would not say a specific board member, but a board member from each could meet in the Library with Commission to have a discussion about anything. He states that the back and forth dialog would be great and he is all for it and thanked Commission. Douglas Hillman, Dalton Place made a statement that he was for it and suggested the meeting be held in the Library in a round table forum. He said that Commission should specify specific subjects with a specific agenda. He stated that condo associations knew about their issues and did not need Commission to advise of them. He strongly urged that Commission to make it a director's only meeting. He said that there were 45 Condos and HOAs and that all could not be in attendance. He suggested that two out of the seven association members be in attendance as spokespersons, and that meetings should be special meetings that they would want to attend for a great beginning. Town Commission Regular Minutes Page 11 of 15 Date: October 15, 2019 Vice Mayor Babii said that he agreed with everything Doug Hillman had just said and inquired about who would create the agenda? He wondered if this would be the responsibilities of Commission or the condo associations. Doug Hillman advised that Commission was calling the meeting, so it would come from Commission and be signed by the Mayor. He advised that if help was needed, he would volunteer. John Ross of Casuarina stated that when something is built, it is built to code. If it is built to code and there are no violations to be corrected, then it last until it breaks or gets replaced. He said that asking every building in Highland Beach to bring every mechanical in a building up to the now current code, would probably be the largest law suit ever seen. He said it would be practice followed by nowhere. He said it was an egregious overreach of power. The buildings were very old buildings, working with very old mechanicals and, as for who does the agenda, if the meeting is decided to go forward, communication with the condo associations to ask them for suggestions, would be a good idea. He said the meeting should not be used to lecture the condo boards; it might upset them. He suggested gathering their concerns, listening to them and not being defensive in responding. He stated condos were big businesses and operated as such. Mayor Zelniker added that what she was suggesting was just making people aware and that was all. John Boden, 3407 S Ocean Blvd stated that he believed this to be the definition of a slippery slope. The concept that he thinks Commission is trying to implement is to have the ability for people to understand things that are going on in their building and to do it. He stated that if a series of seminars or meetings were put on to talk about condo issues, and an expert came in and made a presentation where the public as well as the board members were able to come and become educated on the different areas, he feels would be beneficial. Tim Burnich, 4505 S Ocean Blvd stated that people that had issues with their condo was mentioned. He said that they should be taking those issues to the condo boards; that it is not something Town Commission should be addressing. He said that they do make some rules and regulations, but they also run a business. He said that Commission should not take their time to deal with this. Mavor Zelniker closed the Public Comments and continued with Commission discussion. Commissioner David stated this was not what she had in mind; she said that it was more of a Condos coming to the Commission, as opposed to a lecture from Commission. She said she wanted to know of their concerns and what the Town could do to help, what would they like to see, and how could Commission help do it. She said the meeting should be more of a listening opposed to a telling meeting. She advised that the Building Department and getting permits seemed like a super complicated system and that perhaps Commission could help condo association get through the process. She said that Commission was here to make sure codes are followed, and to also make the process a little easier for people in the Town, not more difficult. She would like to hear suggestion from others in an informal opposed to a formal meeting and that that is where she was heading with this. Commissioner Gossett -Seidman stated that she concurred with Commissioner David and Doug Hillman and that it is about creating and opening up the dialogue and letting people know Commission are here to listen. Town Commission Regular Minutes Page 12 of 15 Date: October 15, 2019 Vice Mayor Babij concurred with both Commissioners David and Gossett-Seidman's proposals. He also thanked John Ross for his comments regarding new verses old Building codes. He said that most things in buildings were designed to last 50, 60, 70, 80 years, even if it is not code. He said that he is sure that a lot of the condo associations had a management company that is on top of the issues anyway. He said that what both Commissioner had presented was a great idea and that it is just a question of format and topic. Mayor Zelniker provided comments about Coffee with the Mayor that was held in the Library in the past and said that it worked out very well. Douglas Hillman stated that it would have to be kept to board members only because there are 45 HOAs and Condos. He also suggested to keep expectation low because it would be the first one. The idea of the Strategic Planning is a good piece to put on the agenda because it communicates a few things, this real import for the future of the Town, is the beginning of a couple of more sessions, and it might engage more people. Mayor Zelniker advised that all were in agreement to have the meeting, but did not know exactly how it would be done. She asked for a motion to have Town Manager Labadie put something together for Commission, as he is the Town Manager. He will also put the agenda together (crosstalk). - Commissioner David stated that Town Manager Labadie should look into setting something up in the early evening at the Library with maybe cookies and coffee. She said it should be a listening session and with a proposal and solicitation of feedback from some of the condo associations that might want to discuss it as well. Mayor Zelniker stated that an email could be sent out. Town Manager Labadie advised that a lot about condo was discussed, but he also heard HOAs. Are HOAs being added to ever group of residents in the community...? Mayor Zelniker responded, yes. That no one should be left out and the task would be for Town Manager Labadie spearhead. D. Approval of Meeting Minutes August 1, 2019 — Special Budget Minutes August 20, 2019 — Special Budget Minutes August 27, 2019 — Workshop Minutes September 5, 2019 — Special / First Public Hearing Minutes September 19, 2019 — Regular Minutes September 19, 2019 - Special / Second Public Hearing Minutes Mayor Zelniker asked Commission if there were any changes to the minutes and asked for a motion to approve the minutes? Town Commission Regular Minutes Page 13 of 15 Date: October 15, 2019 MOTION: Commissioner David moved to approve above -referenced presented minute. Commissioner Gossett -Seidman seconded the motion, which passed unanimously. Mayor Zelniker opened the Public Comments. 13. PUBLIC COMMENTS AND REQUESTS — AGENDA ITEMS ONLY John Ross stated $20,000 more then what was needed today on the Water Plant items was spent. He said taxes were paid and contingency higher than normal. He stated the parts could be ordered directly by the Town and there would be no tax. He stated that the vendor was paying taxes and that they were not tax exempt, but the Town was. He said that every meeting seems to be more Water Plant request. He requested a simple list from Commission that would state how much of the Water Plant is being funded by which source of revenue. And a list of items that has to be spent in the next couple of years to keep it running. He said that it was one of the most frequent agenda items the Town has and he doesn't understand what was paid for out of the referendum and what is being paid for now and why it could be anticipated on at the time people voted on it. He stated that the periodic maintenance is not something that came out of nowhere that it could have been noted the system needed to be replaced 4Y2 year ago. 14. TOWN COMMISSION REPORTS A. Commissioner Evalyn David - had nothing to report. B. Commissioner Barry Donaldson - Absent C. Commissioner Peggy Gossett -Seidman - had nothing to report D. Vice Mayor Greg Babij - had nothing to report E. Mayor Rhoda Zelniker provided comments that the water in Highland Beach was fine. And was concerned about a resident who was making statements about the water, that the town was trying to improve the water system, and was saying to much money was being spent on the water. She stated that it was okay, because of free speech and that her free speech was the Water Plant is fine. She said that people should not be scared. She explained about plastic water bottles and heat. She said that she has no problem drinking the water from Highland Beach and ask that people be careful with what is being said and done and that misinformation should not be given to people. She said that the Water Plant had to be kept maintained to the highest standards possible and that she believed that Highland Beach had the highest standard of water. 15. TOWN ATTORNEY REPORT Town AttornU Shutt - had nothing to report. 16. TOWN MANAGER REPORT Town Manager Labadie provided the following update on the Crosswalk. He said that the town is still in the slow process of FDOT (Florida Department of Transportation) trying to get a permit delivered in hand. The engineers were working on an Town Commission Regular Minutes Date: October 15.2019 Page 14 of 15 update on the RFP provision. • Public Works Direct Pat Roman will be contacting condo presidents or building manager to learn placement of flag locations. FDOT process is a trying one. He states that it is in the final steps. • Appropriation forms are in with the House and the Senate. He states that the town has asked for the money, and that it was the first time putting in an Appropriation request with either of the groups (requests one for crosswalks and a request for FDOT for drainage improvements). These are upcoming to Legislative Session. Mayor Zelniker asked if the orange flags reflective at night. Town Manager Labadie advised that the flag had a little of a reflective capacity, but would not help at night. That rapid blinking flashers, which are part of the permitting project. Mayor Zelniker advised that Commission set aside funding for the project (penny surtax) and did not understand what happened to the money. Discussion ensued concerning the appropriation and RFP process. Town Manager Labadie advised that the money is still there. Vice Mayor Babii related that the subject matter had been discussed four meetings ago and that the money is in the pool with the other money allocated for the project based on the motion and would be spent if and when it is necessary. Mayor Zelniker asked if reflective material can be added to the flags to be seen at night. Town Manager Labadie responded, sure. Town Manager Labadie stated that October 20 through October 26 — 14t' Annual National Friends of the Library week. He provided kudos to all the friends of the Library in that they all do wonderful work in the town with special programs (applause). He asked that television watchers come check out the Town Library. That it was a beautiful spot and great community resource. • Kudos to Officers Lee and Miller who went out of their way to help Ms. Dill at St. Lucy Church. The officers purchased flowers with their own money to give to her. It was a very kind gesture. Community policing is great. • EPA (Environmental Protection Agency) put a red data flag on their site acknowledging there is no error with the town's system for violations. Similar to FDOT, EPA only update their website once a year, so the official scrubbing of that site will not happen until January. • Additional comment was provided on the Water Plant, as far as why they did not go to the manufacturer and the need for the 15% buffer. He stated that when it comes to the parts for the Water Plant, you cannot go to the manufacturer to retrieve the products. He also stated that the contingency amount depended on the type ofproject. With regard to the Water and Sewer Rate Study, they will ask a lot of questions regarding the rates and debt millage on the general fund. 17. ADJOURNMENT There being no further business, Mayor Zelniker called for a motion to adjourn the meeting at 3:14. Town Commission Regular Minutes Date: October 15, 2019 Page 15 of 15 MOTION: Vice Mawr Greg Babii moved to end the meeting. Commissioner Pe Gossett - I — yy P, Seidman seconded the motion which passed unanimously, APPROVED at FebrLiar.y 4, 2020 Meeting, A'YTEST;r Lanlcla Gaskins, 44C, Baw 1,29.2020 Z IV lwoa Zelni.kerlayQr Transcribed by GanelleThompson Date