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2019.11.05_TC_Minutes_Regularo • `= 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 Donaldson Commissioner Gossett -Seidman Vice Mayor Babij Mayor Rhoda Zelniker Town Attorney Glenn Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE Date: November 5, 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 Town Manager Labadie asked that Item 12A, Approval and Authorization for the Mayor to Execute a Proposal from Aquifer Maintenance & Performance Systems (AMPS) in an amount of $66,500.00 to rehabilitate Well No. 7, using the terms of a contract between AMPS and the City of Palm Bay for Well Repairs, Maintenance, and Rehabilitation Services under New Business be moved before Item 9A under the Proposed Ordinances and Resolution as Item 9AA. MOTION: Vice Mayor Babij moved to accept the revised agenda. Commissioner David seconded the motion. UPON ROLL CALL Vice Mayor Babij Yes Commissioner David Yes Commissioner Gossett -Seidman Yes Commissioner Donaldson Yes Mayor Zelniker Yes Motion carried on 5 to 0 vote. Town Commission Regular Minutes Date: November 5.2019 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. None. 7. PUBLIC COMMENTS AND REQUESTS NON -AGENDA ITEMS ONLY Page 2 of 15 Ann Marie Roy of Bel Lido read a letter she previously provided to Commission regarding the Milani Park Property. She stated that she would request that if and when a park be built, that it would be a requirement that only Town of Highland Beach residents with ID cards be allowed to enter the park. She said that it would be in order to protect the town and have it remained virtually crime free. Jack Halpern, 45 Ocean made remarks about the storm water drainage regulations at the Town Houses of Highland Beach and the need to enforce the code. He also spoke about Milani park and the beach. Greg Herington of Ocean Terrace spoke about bicycles. He saw signs that read "bicycles no more than two abreast," and thought it would help the town to implement signs of their own to address the bicycle issue. John Boden, 3407 S Ocean Blvd spoke about the crosswalks in conjunction with the lighting while also providing some statistical data. He also stated that he hoped the town can do without the in- road lighting. Tim Burnish, 45 Ocean stated that he agreed with Jack Halpern about the drainage and agreed that information should be brought to the Code Enforcement Board. He reminded everyone about Veterans' Day and the people that had been lost. 8. BOARDS AND COMMITTEES / ANNOUNCEMENTS A. Board Vacancies/Interviews 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. Town Commission Regular Minutes Page 3 of 15 Date: November 5, 2019 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. Planning Board Meeting —November 14, 2019 — 9:30 AM 2. Town Hall Closed — November 11, 2019 — Observance of Veterans Day 3. Town Commission Regular Meeting —November 19, 2019 —1:30 PM C. Board Action Report 1. Financial Advisory Board Douglas Hillman, a member of the Financial Advisory Board (FAB) gave a report of the October 24 meeting concerning the Fire Contract. He stated that the recommendations of the Financial Advisory Board are to ask Town Manager Labadie to get quotes for a forensic study of the Fire Rescue Contract and current charges by a qualified industry consultant for the Commission's consideration. He also stated further study by the Financial Advisory Board could be accomplished after the forensic study is conducted. Commissioner Donaldson asked the Town Manager, procedurally, if he was bringing the information back to the Financial Advisory Board. Town Manager Labadie explained that the information would be compiled and brought back to the FAB in addition to obtaining three quotes. Commissioner Gossett -Seidman asked Town Manager Labadie if he could copy the Commission on the items provided to the FAB so they could study the information together, collectively. She explained that there is a second station served by the County in the Manalapan area and that the station is available. She elaborated on the receptacle agreement. She stated that one of the major concerns was the current ongoing contract is compounded to increase year after year. Vice Mayor Babi stated that he watched the meeting and thought it was phenomenal. He briefly mentioned the ISO rating and how with the implementation of a stand-alone Fire station in Highland Beach, it probably will not have the same ISO rating as Delray Beach. He remarked that it was a great report and great meeting. Doug Hillman continued to provide his comments on the Fire Contract. He expressed concerns over the monumental task in that it would be to create a fire department owned by Highland Beach. He stated that the town needed to see what the industry consultant had to say. Mayor Zelniker provided comments about the return money from Medicare for the ambulance services. Commissioner David asked for clarification of the request for backs ups being needed in regard to emergency calls to the fire department. Town Commission Regular Minutes Date: November 5. 2019 9. ORDINANCES AND RESOLUTIONS Page 4 of 15 AA. Approval and Authorization for the Mayor to Execute a Proposal from Aquifer Maintenance & Performance Systems ("AMPS") in an amount of $66,500.00 to. rehabilitate Well No. 7 using the terms of a contract between AMPS and the City of Palm Bay for Well Repairs, Maintenance, and Rehabilitation Services (THIS ITEM WAS PREVIOUSLY ITEM 12:x) Town Manager Labadie presented the item. The item is budgeted in the CIP for the Water Plant. Vice Mayor Babiistated that he read through the proposal and thought it looked great as the town budgeted more than the $66,500 needed for the Well repairs. He talked about how the use of technology brought deflationary cost. Commissioner David agreed with Vice Mayor Babij and in addition she thought not using hydrochloric acid is a big plus for everyone because there are no toxic fumes and it did not need to be disposed of, and was less expensive.. Commissioner Gossett -Seidman looked at Palm Bay Budget and said she noticed they were very frugal fiscally. She stated that she believed it would work out along the same lines. She said she. understood why the town would be used to make a comparison.. Commissioner Donaldson stated that he agreed that hydrochloric acid is horrible and that he is curious about going with the alternative method. He wanted to know if it was better in terms of the probable use and if it is comparable. Jim explained that it is equally as good as the other method and that it is for liability and safety.. He stated that during this particular process all that is being, done is circulating the well. Commission Donaldson asked if there were any relining process that the Town should care to consider. Mayor Zelniker stated that she agreed and that this is something that had to be done. Whether it is a building or a Water Plant, it had to be maintained and opened Public Hearing. John Ross of Casuarina wanted to know if the cost would be from taxes, a transfer from the town or if it is paid for by the tax payers. He also wanted to know how much the Water Plant cost in total per year and how much of it does the tax payers pay as well as how much it costs including the clerical work done by the town employees for the benefit of the Water Plant? Once The Town has the information, it could be determined if it cost more or less than surrounding cities. Town Manager Labadie explained where the funding comes from. He stated that it is paid out of the Water Rate or Water Funds. Public Hearing Closed''. Commissioner Gossett -Seidman asked about the numbering of the Wells. Town Commission Regular Minutes Page 5 of 15 Date: November 5, 2019 MOTION: A motion was made by Commissioner Donaldson to approve Item 9AA. Commissioner David seconded the motion. UPON ROLL CALL Commissioner Donaldson Yes Commissioner David Yes Commissioner Gossett -Seidman Yes Vice Mayor Babij Yes Mayor Zelniker Yes Motion carried on 5 to 0 vote. A. APPLICATION NO. 19-0358 /APPLICANT: DAMIEN RABUT / 1100 B HIGHLAND BEACH DRIVE (PUBLIC HEARING) CONSIDERATION APPLICATION NO. 19-0358 BY DAMIEN RABUT TO REMOVE EXISTING WOODEN DOCK, BATTER PILES, KING PILES, SEAWALL CAP AND BOATLIFT AND INSTALL NEW PRECAST SEAWALL, SEAWALL CAP, BATTER PILES, KING PILES, CONCRETE DOCK AND REINSTALL BOATLIFT LOCATED AT 1100 B HIGHLAND BEACH DRIVE. (QUASI-JUDICIAL HEARING) Town Planner Mary McKinney introduced the item into the record. Commissioner David wanted clarification that the item would be directly on the Intercostal. Commission Donaldson had no question. Commissioner Gossett -Seidman wanted to know if the setbacks were met. She was advised that they met all the setbacks for docks and multifamily developments. She also wanted to know if it would block the neighbors view. Lastly, she wanted to know if they were laying concrete with the new dock and if they were keeping the same boat lift. Vice Mayor Babij explained that it made no sense to bring this before Commission for approval. He stated that this was a waste on time and he would rather these things go to the Building Department, Board of Adjustments and Appeals and the Planning Board. Mayor Zelniker inquired about a step system made with natural materials. Commissioner David stated she agreed completely with Vice Mayor Babij, it should not have to come to Commission as the Commission is not proficient in this area. Mayor Zelniker mentioned that the state was going to be making regulations to increase the height of the seawall. She stated if she were the homeowner, she would build the seawall higher rather than lower. Public Comments: Town Commission Regular Minutes Page 6 of 15 Date: November 5. 2019 Silvio Blascovitch (ph),1120Highland Beach Drive stated that he was there when the code was generated. He stated that the reason why it had to go to Commission is because a lift is not granted automatically and falls under special exceptions. The code demands that it goes to Planning Board, and final approval given by the Commission. He stated that if commission wanted to opt out of it, they needed to change the code from the beginning. Town Manager Labadie explained that Marine Facilities would be brought to the Planning Board in December of 2019 and would come before Commission before the end of the year. MOTION: A motion was made by Commissioner David, to approve Application No. 19-0358 Applicant: Damien Rabut / 1100 B Highland Beach Drive. Vice Mayor Babij seconded the motion. UPON ROLL CALL Commissioner David Yes Vice Mayor Babij Yes Commissioner Gossett -Seidman Yes Commissioner Donaldson Yes Mayor Zelniker Yes Motion carried on 5 to 0 vote. B. ORDINANCE NO. 19-003 / COMPREHENSIVE PLAN AMENDMENT (SECOND READING/PUBLIC HEARING) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ITS COMPREHENSIVE PLAN BY PROVIDING FOR THE AMENDMENT TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND COASTAL MANAGEMENT -CONSERVATION ELEMENT PURSUANT TO FLORIDA STATUTES FOR THE PURPOSE OF CLARIFYING THE FUTURE LAND USE MAP AND IMPLEMENTING REGULATIONS REGARDING ENVIRONMENTALLY SENSITIVE LANDS AND SEA LEVEL RISE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR DIRECTIONS TO THE TOWN CLERK; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING WAS AUGUST 6, 2019) Town Planner McKinney introduced the item. She said that it was the second reading of the amendment to the Comprehensive Plan, amending the Future Land Use Map and the Coastal Management Element. She advised that Staff recommended approval of the Ordinance. She said that at its January 9, 2019, June 12, 2019, and July 10, 2019 meetings, the Planning Board discussed and made recommended changes to the Comprehensive Plan Future Land Use Element Future Land Use Map. Also, at its January 24, 2019 meeting, the Natural Resources Preservation Board discussed and reviewed the Comprehensive Plan Amendment and had no changes. Commissioner Donaldson had no comments. Commissioner David stated that she believed the that the changes did not seem to be significant. Town Commission Regular Minutes Page 7 of 15 Date: November 5, 2019 Vice Mayor Babij stated he disliked the language in the original document and the amendments and that the document had to survive for generations and it allowed for abuse to the residents from the building official. He mentioned Objective 1.1 — Reviewing water front construction permit activities recessing resulting impacts. He referenced 3.1.5 — Requiring petitioners to maximize the environmental and recreational economic resources. He also referenced how 3.1.4 referred to a Drainage Statement which he suggested turning into drainage plan. Town Planner McKinney explained that the language was modified after the state statute and administrative codes. Commissioner Gossett -Seidman stated she did not understand why they were altering the land use of the wetlands to multiple family developments. Town Planner McKinney explained that the town did not own the wetlands. The town had to have a land use designation for all the property that is within the town, regardless of who owned the land. Town Planner McKinney continued explaining that there were no changes made to any of the land uses on any of the parcels that were not already established, everything that was removed was the potential conservation designation because it was big, but otherwise all of the other land uses were exactly the same as they have been in the town for many years. Discussion ensued about potential conservation, the existing map of the lands owned by Palm Beach County, the wetlands areas, Mangrove trees, and re -zoning. Town Manager Labadie also explained and concurred with Town Planner McKinney's explanation. Discussion ensued. Mayor Zelniker stated that the Town does have codes and that every time land is developed the builders are to give the town a certain amount of money. These funds are then allocated to the Environmental Greening of the Community. Town Manager Labadie discussed the impact fee and talked more about the land use. He also stated that there were repercussions of altering a resident's development rights. Town Attorney provided comments about mitigation banks. Commissioner David stated that what Commissioner Gossett -Seidman was talking about was different, and did not have anything to do with the wetlands. Town Manager Labadie stated that the confusing part about the subject was that the potential conservation was an overlaying district not underlying land use designation. He then stated that it was never fully defined how it would be regulated. Town Planner McKinney elaborated. Discussion ensued. Commissioner Donaldson said he worked a lot on this plan when he was on the Planning Board. Some of the language had to be included in the Comp Plan. It is a road map, and is not meant to be a code or ordinance. It is a tool on what was intended. It guides in a more comprehensive manner. The purpose was to get rid of the vague conflict without setting up a potential conservation area. They would like to do away with it because it raises too many legal questions. It is strictly to deal with this issue. Public Comments: Town Commission Regular Minutes Page 8 of 15 Date: November 5, 2019 Douglas Hillman asked Vice Mayor Babij to read his comments on the word maximize. Vice Mayor Babij reread his comments. Discussion ensued about the language in the Comp Plan and potential modifying the language. Commissioner Gossett -Seidman asked if changing the Future Land use Map would make it possible for those who own the formally potential conservation lands now zoned as multiple family medium density, to come in and fill and pull out the trees and build on the properties. Town Planner McKinney explained that it had always been multifamily low density, it just had an overlay. MOTION: A motion was made by Vice Mayor Babij, to remove the language potential conservation, change drainage statement to drainage plan, and change maximize to consider. Commissioner David seconded the motion. UPON ROLL CALL Vice Mayor Babij Yes Commissioner David Yes Commissioner Donaldson Yes Commissioner Gossett -Seidman Yes Mayor Zelniker Yes Motion carried on 5 to 0 vote. MOTION: A motion was made by Commissioner David, to adopt Ordinance No. 19-003 O on second and final reading. Commissioner Donaldson seconded the motion. 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. ORDINANCE NO. 19-008 O / BOARD OF ADJUSTMENT AND APPEALS (SECOND READING/PUBLIC HEARING) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ARTICLE VI "FLOODPLAIN MANAGEMENT", DIVISION 1 "ADMINISTRATION", SECTION 20-346 "VARIANCES AND APPEALS", AMENDING CHAPTER 30 "ZONING CODE", ARTICLE II "DECISION MAKING AND ADMINISTRATION", SECTION 30-23 "BOARD OF ADJUSTMENT AND APPEALS; ARTICLE III "DEVELOPMENT REVIEW", SECTION 30-31 "DEVELOPMENT REVIEW ESTABLISHED" AND SECTION 30-40 "VARIANCES AND INTERPRETATIONS"; ARTICLE IV "ZONING DISTRICTS", SECTION 30-64 "PROPERTY DEVELOPMENT REGULATIONS"; AND Town Commission Regular Minutes Date: November 5. 2019 Page 9 of 15 ARTICLE VI "NONCONFORMITIES", SECTION 30-103 "NONCONFORMING LOTS OF RECORD," TO PROVIDE THAT CERTAIN VARIANCES SHALL BE DECIDED BY THE BOARD OF ADJUSTMENT AND APPEALS AND CERTAIN VARIANCES SHALL BE DECIDED BY THE TOWN COMMISSION UPON RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING WAS SEPTEMBER 19, 2019) Town Planner McKinney introduced the item and advised the following. That previously the Commission had discussed what the most appropriate process would be for determining variances and/or appeals. Commission adopted Ordinance 18-008 on October 2, 2018, which changed the decision-making authority of the Board of Adjustments (BOA) to the Town Commission and relegating the BOA to an advisory program. Since then, the Town Commission had reconsidered the role of the BOA from an advisory position to the Town Commission deciding on variances and appeals, with low impact decisions decided by the BOA and high impact variances being decided by the Town Commission with an advisory recommendation from the BOA. Staff revised the Ordinance for the Town Commission to review with the changes in mind. At the July 2, 2019 Commission meeting, the Town Commission told staff to make changes to the ordinance regarding the low and high impact variances. Staff did that and then took it to the Planning Board who then reviewed the ordinance and recommended that the ground level set back related issues for existing multi -family units be determined by the BOA to all multi -family units' variances being determined by the Commission. At the September 19, 2019 Town Commission meeting, the Commission reviewed on first reading the Ordinance and August 15th Planning Board recommendation and voted that the BOA would determine all single-family variances, existing multifamily variances and send a recommendation to the Town Commission for all new multifamily variances. Commissioner David stated that this Ordinance should be passed once the language was cleaned up. Commissioner Donaldson stated that he supported the Ordinance and was hopeful that it would soon be off the table. Commissioner Gossett -Seidman stated she was going to say yes, but that she had .reservations about it and would like to make a calendar note to revisit it within a year and see how it worked. Vice Mayor Babii advised that he liked the re -visitation idea. He also apologized to the Town Planner for altering the original language in an email to the Town Manager causing her to have to rewrite it. He agreed that it should be approved. Mayor Zelniker said that she also thought it should be approved and stated that it be stated, it should be revisited in a year. Discussion ensued. John Ross of Casuarina stated that he believed it was a good idea that it should be revisited. He also provided comments regarding the broken application process. MOTION: A motion was made by Commissioner David, to adopt Ordinance No. 19-008 O on second and final reading. Vice Mayor Babij seconded the motion. Town Commission Regular Minutes Page 10 of 15 Date: November 5, 2019 UPON ROLL CALL Commissioner David Yes Vice Mayor Babij Yes Commissioner Donaldson Yes Commissioner Gossett -Seidman Yes Mayor Zelniker Yes Motion carried on 5 to 0 vote. D. ORDINANCE NO. 19-009 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. Town Manager Labadie introduced the item. He stated that this was discussed at six subsequent meetings with the current meeting having been number seven and he is hopeful it would reach a conclusion. Vice Mayor Babij stated that if an ordinance is to be put in place, it should be very clear and simple. There should be a warning, a fine a hearing and clear appeals process. He stated that there should be no subjectivity at all. He stated that the residents should not be subjected to an administrative charge. That the Code Enforcement Board is a volunteer board who are not trained to set fees. Great with class III fines. All class II violations should be class I, if abused then should be a class II. He stated that he felt that the Town should not revenge govern based on incidents that had happened in the past. He also stated that he would like to see the administration fee wiped out. He does not think the board should have opinion on dollar figures. Commissioner Donaldson asked for clarification on the last item. He wanted to know if the Code Enforcement Board had other provisions that regulate their fees and costs. Town Manager Labadie explained the cost recovery process. Vice Mayor Babij asked what is a multiplier. Town Manager Labadie explained that it was the hourly rate times what it cost to provide the healthcare, pension, short term disability etc. Commissioner Donaldson stated that he did not have any qualms about the way this is currently set up and supports it in the current construct. Commissioner Gossett -Seidman stated that she agreed with Vice Mayor Babij. She thought that the current Class II should be converted to a Class I. She provided an example of an incident that related to a violation that should have been taken care of but was not taken care of in a timely manner. She stated that this is in place for the one or two percent that do not follow the codes. She stated that seventy-five percent of the battle is enforcement. Ultimately, she agreed with this and it could be revisited in a year or two. Town Commission Regular Minutes Page 11 of 15 Date: November 5, 2019 John Ross Spoke about the volume of fines in NY and the process. Rick Greenwald, Trgnquilfty Drive stated it needed to be approved and that a lot had been put into this process. It is never going to be perfect. He said it was something pretty good. Track how many citations were given, also how many warnings were given out as well, and look at it a year from now. He stated that he does agree that most people would complain, but not all. Douglas Hillman, Dalton Place, made reference to the 80/20 rule and agreed with what the Vice Mayor said. He stated that he agreed with most of what was said but did not agree with the appeal process. He stated that if people felt as though they had nothing to lose, they would appeal. He stated that there should be a fixed rated fee going in so that people knew how much. He proposed a minimum fee and then an additional rate per hour. Town Manager Labadie elaborated on the cost recovery process. John Ross elaborated on how the fines were determined. Discussion ensued about the additional cost that should be implemented. John Boden stated if it is not broken do not fix it, and that if it were to turn into a problem it should be revisited. Please pass it. Commissioner Donaldson inquired about John Ross' statement stating that he agreed that if not found in violation there should be no charge. He wanted to know if they were going to address that further. Mayor Zelniker stated that a lot of this is common sense. Commissioner Donaldson stated that he still favors the three-tier system, but that if others favored the two- tier system, he would go along with that as well. Vice Mayor Babi . clarified what he meant about the class system in regard to a first-time offense and second offense. Commissioner Gossett -Seidman stated that whatever is done with this ordinance needs to be mailed to the public via snail -mail and e-mail. The residents needed to be informed of the new set of codes and violations so that the residents will not be able to say they did not know about it. She states that a lot of people do not utilize the web -site. She stated that she felt it would be best to do a proper news letter or mailing. Mayor Zelniker stated that the Town Manager has been informing the community with updates via email. Town Manager Labadie responded that it is sent out on a monthly basis. MOTION: A motion was made by Vice Mayor Babiij. with two qualifications: administration fee to match the fine for the first hour and to charge that same amount each additional hour; Class II violation would be Class I violation for the first offense with the exception of repeat parking violations, which would always be a Class II, to adopted Ordinance No. 19-009 O, as amended. Commissioner Donaldson seconded the motion. LiJ���►�3�1_r11r�� Vice Mayor Babij Yes Commissioner Donaldson Yes Commissioner David Yes Commissioner Gossett -Seidman Yes Mayor Zelniker Yes Motion carried on 5 to 0 vote. Town Commission Regular Minutes Page 12 of 15 Date: November 5. 2019 E. RESOLUTION NO. 19-026 / FEE SCHEDULE FOR FY 2019/2020 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING THE FISCAL YEAR 2019-2020 SCHEDULE OF FEES WHICH ESTABLISHES REASONABLE FEES FOR TOWN SERVICES AND OTHER CHARGES; UPDATING THE BUILDING AND LAND DEVELOPMENT FEES; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Town Manager Labadie introduced this item and discussed the suggested changes. He stated that nothing would be changed in the building or permit fee schedule as it was revised last year. He stated that the fees were on par with all adjacent communities around. He stated that the only thing that was added was for the vacation rentals, and some additional adjustments in rates. He discussed the adjustments made since that solid waste recycling rates were adjusted and water and sewer rates were also adjusted by 3%. He mentioned that the code citation fees would also match what was just approved as well administration for land development orders. Commissioner Donaldson stated that the changes looked good and seemed to be in order. He is good with this. Commissioner David asked about anyone submitting a building permit, the plan, and the costs. Town Manager Labadie explained. Commissioner David explained she found this hard to follow. She asked if she had a $100,000 project, how much would she have to pay? Town Manager Labadie explained 2% percent. Commissioner David asked if there was a fee to change a refrigerator. Town Manager Labadie explained that although there is no fee to change a refrigerator, there would be a fee if all of the electrical components behind the refrigerator were to be changed. There was also mention that changing out something like a water heater would include the minimum $100 fee due to the electrical hook up that would be required. Vice Mayor Babii inquired about short term rental fee and asked for clarification about whether or not it was a one-time fee. He was informed that it was a one- time fee, as long as the owner retained ownership of the property, and short-term inspection fee will also incur annual cost unless there was a change of agent. He then stated that he had no other questions and that it looked good. Commissioner Gossett -Seidman spoke about the Water Use Rates in reference to single-family verses multiple family homes. She stated that she has had concerns for about ten years and had yet to receive a response to her concerns. Many residents in single-family homes also had concerns and were not given a response. Discussion ensued about the Water Use Rates. Commissioner David asked on average, how many gallons are used, 19,000 gallons is that what people use. Town Manager Labadie mentioned he can put a report together and will provide it to the Commission. Commissioner David asked if others use the Town of Highland Beach water. She also asked if we would consider selling Highland Beach water. Public Comments: Town Commission Regular Minutes Page 13 of 15 Date: November 5. 2019 Douglas Hillman of Dalton Place stated that there is an enormous amount of water consumption that takes place in the homes, both condos and single-family homes. He stated that the other thing to consider is the sewer rates, the rate study suggest that the town is way under on the sewer rates. The town bills each unit in the town the same rate whether it's a one -bedroom unit or three- bedroom unit with three showers verses one shower. The unit owner with three is paying the same amount as the unit owner with one. Discussion ensued over the flat rate fee that is in effect and how it should be updated to reflect the size of the property and bathrooms/showers located in the home. Commissioner Gossett -Seidman stated in 2025, all sewer systems in the state of Florida are not supposed to be dumped into the ocean. She then stated that Boynton and Delray have been and may still be dumping some of their treated outfall into the Atlantic Ocean. She stated that she came across this while scuba diving and coming up to a mass of brown water where she was then instructed to get out of there. She stated that she does not see any information that it is closed off and that Miami -Dade and Broward County have not closed off their pipes. If it is going to occur in six years the rates may go up. MOTION: A motion was made by Vice Mayor Babii and seconded by Commissioner David to adopt Resolution No. 19-026 R as presented. Motion passed 4 to 1 with Commissioner Gosset -Seidman Dissenting. 10. CONSENT AGENDA A. None. 11. UNFINISHED BUSINESS A. None 12. NEW BUSINESS A. Approval and Authorization for the Mayor to Execute a Proposal from Aquifer Maintenance & Performance Systems ("AMPS") in an amount of $66,500.00 to rehabilitate- Well No. 7 using the terms of a contract between AMPS and the City of Palm Bay for Well Repairs, Maintenance, and Rehabilitation Services. ffM- S ITEM WAS MOVED TO ITEM 9AA) B. update on lVotland Properties within the Tc wri, of Ilighland' Beach Boundary. G(Ym=',ssiuners Gossett -,Seidman This item will be placed on the November 19, 2019 Commission Agenda under Presentation. 13. PUBLIC COMMENTS AND REQUESTS — AGENDA ITEMS ONLY There were no comments from the public. 14. TOWN COMMISSION REPORTS Town Commission Regular Minutes Page 14 of 15 Date: November 5, 2019 Commissioner Evalyn David did not have anything to report. Commissioner Barry Donaldson — provided a report. He stated that he wanted to acknowledge the excellency of three articles in the Coastal Star written by Rich Pollock regarding the sanitary water, storm and septic tanks and the resulting impact. He also stated that he read a comment about the imbedded lights in the cross walks. He stated that the concern was that the probable cost of the cross walk may exceed the limits that require a referendum, so it was taken out. He stated that it had a lot to do with the spending limits. He suggested communications with the condos and hotels if they care to participate in a public/private enterprise to get it done. He stated he would like to fmd a way to get it widened without disrupting the referendum requirements. He discussed his upcoming attendance and absence as it related to various meetings. Commissioner Peggy Gossett -Seidman discussed the Coastal Star and the Palm Beach Post and the numerous awards received. She also stated as well as tracking the Linear seawall. She proposed the tracking of instillation and removal of propane and any other underground tanks that also need to be tracked. Vice Mao�g Babij stated that he had nothing to report Mayor Rhoda Zelniker — read an email the Commission received from Jeffrey Kleiman on October 20, 2019, about his Water Plant tour with Vice Mayor Babij, Assistant to Town Manager Ms. Cuebas, Town Manager Labadie, etc. She also gave a report on the Florida Mayors Summit on Flooding and Sea Level Rise she attended October 20 through October 23, 2019. Lastly, she gave a reminder to residents to put their flags out in support of the veterans for Veterans Day. 15. TOWN ATTORNEY REPORT No comments 16. TOWN MANAGER REPORT Town Manager Labadie stated that the appropriation request for drainage has made it to the Agricultural Natural resources Sub -committee on Tuesday, which is good news being that it is gaining traction. He briefly discussed assisting Commissioner Gosset -Seidman by giving her the necessary information out of the drainage study from FDOT to know what the draining issues in Highland Beach. He talked about enforcement in relation to handling the drainage. He wanted everyone to be cognizant that they will be seeing information on the 19'h of November. He mentioned the maintenance agreements that need to be entered with FDOT. He stated they everyone should have received an email and letter that he sent the Commissioners and all condo presidents regarding the crosswalk project. He talked about working on bid documents along with the Town Attorney's Office. He also talked about the December 5, 2019 — Light Up the Holidays and 70'x' Anniversary Celebration. Lastly, He read a letter by Evalyn Cooley who sent a Thank you Letter to Pam in the Library for the Halloween Party. Town Commission Regular Minutes Date: November.5.2014 17. ADJOURNMENT Page 15 of 15 There being no further business, Mayor Zelniker called for a motion to adjourn the meeting at 4:44 pm MOTION. Vice Mayor Grep, Babii moved to end the meeting. Commissioner Peggy Gossett - Seidman seconded the motion which passed unanimously. APPROVED at February 4, 2020 Regular Meeting- Zelnker yor ATTEST` Transcribed by Ganelle Thompson ]4 L da Gaskins; MC, Date a,- 1,13 1120 baw.