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2020.01.21_TC_Minutes_Regular • TOWN OF HIGHLAND BEACH TOWN COMMISSION REGULAR MEETING MINUTES Town Hall/Commission Chambers Date: January 21, 2020 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida 1. CALL TO ORDER Mayor Zelniker called the meeting to order at 1:31 P.M. 2. PRESENT UPON ROLL CALL Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett-Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Town Attorney Leonard Rubin Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Commission led the Pledge of Allegiance followed by a moment of silence. 4. ADDITIONS. DELETIONS, AND APPROVAL OF THEAGENDA MOTION: Commissioner David moved to accept the agenda as presented. Commissioner Gossett-Seidman seconded the motion, which passed (5-0) unanimously. 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." By: Abraham Lincoln 6. PRESENTATIONS/PROCLAMATIONS A. None. Town Commission Regular Meeting Minutes January 21,2020 Page 2 of 19 7. PUBLIC COMMENTS AND REQUESTS NON-AGENDA ITEMS ONLY Mr. Tim Burnich of 4505 S Ocean Blvd read section 12-2 Construction Site Cleanliness Construction Site Safety, paragraph A into record and discussed an issue he was having with sand being blown onto his property from a neighbor's yard. Mr.Allen Goldstein of 4408 Intracoastal Drive provided comments about an incident that occurred in January near the Delray Sands, where two gentlemen screamed anti-Semitic propaganda while his son and granddaughter were nearby and witnessed the act. Mayor Zelniker provided comments concerning the incident. Mr.John Shoemaker of Highland Beach Club commented that he had been getting input regarding homelessness in the state and the area. The issue of Milani Park came up and he said he believed the park may become a repository for the homeless. He proceeded to remark that he had seen homeless persons in the area and that many of them were in the Mangroves and under the bridges. He said that when he went to the Ranger Station(City of Boca Raton owned park),he asked a park personnel if she had a policy and she was unaware. He said in his research of other municipalities policies regarding homelessness, he was surprised to find that there was little being done with the homeless issue. Commissioner Gossett-Seidman stated that she concurred with Mr. Shoemaker's statement. She provided comments about homelessness at an abandoned garage at a park (park not specified). She said she knew that there was a situation between the Cities of Delray and Boynton Beach regarding homelessness on a pocket of land. The land was not being taken care of in accordance to County codes and was subsequently turned over to the City of Delray Beach. She stated that maybe the Town should check into it. Commissioner David asked Town Manger Labadie if the Town could contact County personnel to ask if they could clean up the area and drain the swamp on the other side of the street. She said that the County should be held to the same standard as everyone else. Commissioner Donaldson explained that homelessness is a complexed issue. He said, in the past, he worked with people who could not get assistance, and that homelessness was a symptom of an underlying problem,sometimes sets of problems. Solving the issue had to be met through a variety of approaches. He said that he had nothing but sympathy for people that found themselves in such situations. He stated that he wished he had better answers and not to lose sight of the fact that people were involved. Vice Mayor Babij had no comments. Mayor Zelniker stated that homelessness was a problem that had to do with society and how society handled it. She gave comments about group homes and state involvement. She said people must have sympathy for homeless people and that everyone had to get involved, as it related to the government and state. She stated that an eye must be kept on the matter. Town Commission Regular Meeting Minutes January 21, 2020 Page 3 of 19 8. ANNOUNCEMENTS Mayor Zelniker read the following announcements. A. Board Vacancies 1. Board of Adjustment& Appeals Three vacancies for a three-year term 2. Code Enforcement Board One vacancy for an unexpired term ending July 1, 2020, One vacancy for an unexpired term ending August 1, 2021, One vacancy for an unexpired term ending May 28,2022 3. Financial Advisory Board One upcoming vacancy for an unexpired term ending April 30, 2022 B. Meetings and Events Town Commission Meeting February 4, 2020 1:30 PM Planning Board Meeting February 13, 2020 9:30 AM Town Commission Meeting February 18, 2020 1:30 PM Town Hall Closed: February 17, 2020—in Observance of Presidents' Day C. Board Action Report 1. Natural Resources Preservation Board 2. Census Complete Count Committee 3. Financial Advisory Board Town Manager Labadie explained that he hada report from Mr. Stern and read it into the record. Town Commission Regular Meeting Minutes January 21,2020 Page 4 of 19 9. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 20-003 / FLORIDA DEPARTMENT OF TRANSPORTATION — DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION AND MAINTENANCE OF IMPROVEMENTS ON STATE ROAD AlA; AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE. Mayor Zelniker read the title into record. Town Manager Labadie introduced the item and discussed various improvements that needed to be made on State Road A IA. Commissioner David asked if there were any cons to signing the agreement. Town Manager Labadie advised that if the Town signed it, they get a permit. If they did not sign it, then they would not get a permit. He stated that the agreement spelled out the maintenance responsibilities. Commissioner Donaldson had questions regarding the timing on the installation and on lighting. He asked if there were previsions made so that they may be removed or reinstalled pending any future work. Town Manger Labadie explained that there were two option that were Florida Department of Transportation (FDOT) approved. He said that the lights and the Solar Powered System Components could always be salvaged and moved out and went over some of the items that would not be recovered. Commissioner Gossett-Seidman asked what the cost would be for replacement of the items that would be lost. Town Manager Labadie stated that over the first couple of years there should not be any loss except maybe randomly but explained that many parts would have a one-year labor and material warranty. He advised that having some indirect contact with the City of Deerfield Beach, it was discovered that because of the salt atmosphere, the lights did not last the estimated timeline and would probably require a budget of a few thousand dollars, for replacement if that status was reached. Vice Mayor Babii asked if a 50-year agreement to maintain that was pretty standard. Town Manager Labadie stated yes and provided more information on additional items and improvements. Town Attorney stated that FDOT agreements were standard and would not be changed. Mayor Zelniker stated that the Town had been working on this for many years, and that it was very dangerous at night, due to the lack of good lighting and that the Town was very lucky that no one had been hurt. She said that the residents need good lighting when crossing the street at night and flashing lights during the day. Town Commission Regular Meeting Minutes January 21, 2020 Page 5 of 19 MOTION: Commissioner David moved to adopt Resolution No. 20-003; Commissioner Donaldson seconded the motion,which passed(5-0) unanimously. B. RESOLUTION NO. 20-004/AUTHORITY TO ACCESS SAFE DEPOSIT BOXES A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, GRANTING AUTHORITY TO THE TOWN MANAGER AND THE TOWN FINANCE DIRECTOR TO MANAGE, MAINTAIN, AND ACCESS ALL SAFE DEPOSIT BOXES UTILIZED BY THE TOWN; PROVIDING AN EFFECTIVE DATE. Mayor Zelniker read the title into record. Town Manager Labadie introduced the item and stated that Finance Director Matthew Lalla obtained information from PNC Bank confirming that there were two safe deposit boxes belonging to the Town. He advised that the keys had been located,but the boxes could not be accessed until the signatures were updated. He said that at this time,the contents of the boxes were still unknown. Commissioner David asked if there was a reason for the Town to keep the safety deposit boxes once the Town had gained access to them. Commissioner Donaldson thanked Finance Director Lalla for locating the boxes and made additional comments pertaining to what should happen if the Town decided to keep the contents in the safety deposit boxes. Commissioner Gossett-Seidman did not have any comments. Vice Mayor Babij did not have any comments. Mayor Zelniker stated that it was found about three years ago that the signatures were never changed. She reminded everyone to update the signature cards for the banks when new personnel are hired. She opened public comments. Ms. June Kerr of Beachwalk East asked if the public would be notified of the box contents. She was advised that they would be. MOTION: Vice Mayor Babij moved to adopt Resolution No. 20-004, Commissioner Gossett- Seidman seconded the motion, which passed(5-0) unanimously. 10. CONSENT AGENDA A. There were no Consent Agenda items. 11. UNFINISHED BUSINESS A. There were no Unfinished Business items. Town Commission Regular Meeting Minutes January 21,2020 Page 6 of 19 12. NEW BUSINESS A. Advisory Boards and Committees Interviews and Consideration to Nominate One Member to serve on the Planning Board for an unexpired term ending September 1, 2022: Board Applications: Michael Cherbini - Subdivision: Toscano South Bryan Perilman- Subdivision: Toscano South Roger Brown - Subdivision: Bel Lido The aforementioned applicants were present at the Commission meeting.Town Commission asked each applicant a series of questions regarding their interest and professional experiences. Major Zelniker asked Michael Cherbini to come to the podium and tell the Commission why he was interested in serving on the Planning Board. Mr.Michael Cherbini of Toscana South explained that he became a full-time resident last year and have lived in Highland Beach for 14 years. He stated that he is a retired engineer and business owner. INTERVIEW: Commissioner David asked Mr. Cherbini what type of Engineer he was. Mr. Cherbini explained that he was a Mechanical Engineer and provided background information about his professional experiences as an engineer and business owner. Commissioner David asked what specific benefits he saw himself bringing to the Planning Board. Mr. Cherbini replied that he had construction and design work experience. Mainly he worked on reconstruction of old homes projects. Commissioner Donaldson asked Mr. Cherbini how long he had lived in Highland Beach. Mr. Cherbini responded that he has lived in Highland Beach for as long as Toscana South had been built. He stated that he has been a full-time resident for about two years. Commissioner Gossett-Seidman asked Mr. Cherbini to describe his line of work in New York,and to elaborate on what he had been doing. Mr. Cherbini stated that he was responsible for mostly blueprints and estimates. Vice Mayor Babij asked Mr. Cherbini what location of Grumman he had worked for. Mr. Cherbini advised that he worked in Plants 3 and 5. Mayor Zelniker had no further questions to ask of Mr. Cherbini and asked Bryan Perilman to please come to the podium, state his first and last name, and tell the Commission why he was interest in serving on the Planning Board. Mr. Perilman provided background information about himself including his time on the Board of Adjustments and Appeals, as Chairperson of the Board. Town Commission Regular Meeting Minutes January 21, 2020 Page 7 of 19 Commissioner David asked what specific benefits he saw himself bringing to the Planning Board. Mr. Perilman replied that he was familiar with the operation of government and that his background was in government. He provided information of his various government jobs and experiences. Commissioner Donaldson stated that they were on the same board and that he was familiar with his demeanor and believed he would be a great addition to the board. Commissioner Gossett-Seidman thanked Mr. Perilman for applying to participate on the board then asked him how familiar he was with the Town's codes.Mr. Perilman discussed having to deal with building regulations and that he was able to find out what could and could not be done. Commissioner Gossett-Seidman asked about his boating experience. Mr. Perilman responded about the experience he had with boating. Vice Mayor Babii had no questions. Mayor Zelniker had no questions to ask Bryan Perilman and ask Roger Brown to please come to the podium, state his first and last name, and tell Commission why he was interested in serving on the Planning Board. Mr. Brown provided some background information about himself and explained his experience. Commissioner David asked Mr. Brown what Foreign Country did he work in. Mr. Brown replied Russia. Commissioner David asked what benefits he would bring to the board that differed from the other two applicants. Mr. Brown replied that he had long term experience with construction and architecture, as well as management experience with before mentioned projects. Commissioner Donaldson asked Mr. Browns what his vision into the future looked like. Mr. Brown stated that he believed that keeping home values up and rising is important as well as looking for the betterment of all is important as well,and that what he brings to the table is common sense. Commissioner Gossett-Seidman asked Mr. Brown to expand his experience building bridges and roads. Mr. Brown explained his experience more in-depth. Commissioner Gossett- Seidman asked him what made him decide to move to Highland Beach. Mr. Brown stated that whenever he would come over the Spanish River Bridge, he felt like he was on holiday. When the opportunity presented itself, he bought a house. Vice Mayor Babii had no questions. Mayor Zelniker asked Mr. Brown if he had any advice for bringing the older condos up to code. He stated that maintaining the value and safety of the condos is what is important. Public comment was opened. Doug Hillman of Dalton Place provided comment about the importance of the Advisory Boards and that he was thrilled about the quality of the people applying for the boards and thanked them Town Commission Regular Meeting Minutes January 21,2020 Page 8 of 19 all for their interest. He also encouraged the candidates that would not be chosen to look into other boards. Ms. June Ken stated that while the past experience was impressive, wonders if anyone had experience in sustainability, both on infrastructure and the residential construction. She later clarified her question by providing more concrete examples of what she was asking. Mayor Zelniker provided additional explanation for the applicants to answer. Mr. Brown explained that he did not see Solar Power as a value financially. He advised that there was a serious issue with rising tides. He stated that he had put in an elevated seawall and seawall cap at his own home. He highlighted some of the issue that occurred, during rising tides. He also stated that the Town needed to get ahead and be proactive to help the community. Mayor Zelniker commented that everyone is aware of the many issues facing the Coastal Communities and that the Town Manager was involved in a Resiliency Program. Mr. Perilman stated that climate change is a big problem and is a problem for the community and it involved local,county,state,and federal input.He stated that he believed there should be a board that worked with other governmental entities. He stated the Town needed to be moving in a direction to save the Barrier Islands and Costal Lands and that if the Planning Board were to get involved with that, he would be on board to do something positive that resulted in saving our communities. Mr. Cherbini commented that the Town would have to change many codes and issues with state, county,and Town seemed to have a lot of emphasis on how things will be sustained 20 years from now. He mentioned that he had some experience with permeable concrete up north. He stated that a person must get the permission of the Army Corp of Engineering to add to a seawall to bring it up to a certain height and without permission, nothing could be done. He spoke about what he thought could and could not be done about solar energy. David Axelrod of 3747 SOB Chairperson of the Planning Board advised that he felt that all three candidates were excellent and that he had made his recommendation. He also advised that there were three vacancies on other boards that the candidates might be interested in applying for. Commission Discussion: Vice Mayor Babij advised that all three candidates were great. He said that Roger Brown would be the best candidate, and would be a great addition to the board, as no other board member lived in a single-family home, on waterfront property. He also discussed other skills of Mr. Brown's. Commissioner David advised that all three candidates brought different experiences and thought that someone with direct knowledge of private homes would be the best suited candidate. Town Commission Regular Meeting Minutes January 21,2020 Page 9 of 19 Commissioner Donaldson advised that in the past, he had spoken about the need to mix up the Planning Board. He said he did not believe the Town had a good representation across the board and that it was a tough decision,but he felt that Mr. Brown was the right person to fill the vacancy. Commissioner Gossett-Seidman asked what the term limits were of other Planning Board Members. She said that she was advised that the terms were pretty new and asked if there were other boards vacancies the candidates could join. Mayor Zelniker stated that she would like a closed ballot vote. Town Clerk Gaskins distributed Appointment Ballots to each Commissioner for their selection of a candidate. Town Clerk Gaskins announced the unanimous selection,as candidate Roger Brown. MOTION: Commissioner David moved to appoint Roger Brown to the Planning Board to serve an unexpired term ending September 1, 2022. Vice Mayor Babij seconded the motion,which passed unanimously. B. Approval and Authorize the Mayor to Execute a Custody Agreement between the Town of Highland Beach and PNC Financial Services Group, Inc., (dba PNC Institutional Asset Management)to provide Third-Party Custody Services for the Town's Investment Portfolio. Mayor Zelniker read the title of Item 12B. Matthew Lalla, Finance Director introduced the item. He discussed the Town investment policies, requirements and recommended that Commission authorize the agreement. Vice Mayor Babiiasked Finance Director Lalla if he had checked with money market companies, and if yes,would they be ok with this. He said he was advised that it was very common. He stated that when he and the previous Finance Director looked into it, they could not find any money markets that were willing to allow them to use third-party intermediary. He said that many were getting to the point where they would be over time. He advised that this should be vetted before it was put into place. Finance Director Lalla responded that if that happened, it would be switch to a different firm or the requirement would be removed from the investment policy. Commissioner Donaldson asked who was the runner up and if the Town looked at another establishment. He was advised that it is more common to administer and facilitate with the same institution that the Town already does their banking with(PNC). Commissioner David asked if it would cost the Town more than what the cost is now. She said she was advised that it would be approximately $10,000 per year and would be taken from the interest earnings paid by the Town. She asked if the Town Manager's name could be included on page 10 of the PNC Intuitional Assets Management document. She said she was advised that anything done in the financial organization require two party authorizations. Finance Director Lalla advised that he could have the Mayor and Vice Mayor's names listed on the document as well. Town Commission Regular Meeting Minutes January 21,2020 Page 10 of 19 Commissioner Gossett-Seidman stated that she believed it to be standard that a Mayor or Commissioner's name be included as signees. She asked if it could be amended to included either of their names. She said that she was advised that once it was executed, the Mayor, Vice Mayor and Town Manager would be included then asked about other options. She was advised that although Finance Director Lalla had not look into other options,the price point was very good and that she would feel more comfortable receiving different options in writing. Vice Mayor Babii added that many banks refuse this unless the accounts are very large as they do not tend to make money on it. Finance Director Matt Lalla stated that the minimum for this bank was $75.000,000 and the Town had about $15,000,000. Mayor Zelniker opened the item for public comments. Mr. John Ross of Casuarina explained that everything that comes up is sole source. He stated that the Town should not spend money on a say so. He said to ask a couple of people what they would charge the Town. He suggested the Town should wait until the safety deposit boxes were opened first. Mr. Kosovsky asked if there was anything in the Ordinances that required competitive bidding or could they continuously, without verifying, accept sole source. He questioned if it went against the Town policy, to decide on a sole source without putting it up for bid. Town Manager Labadie explained that the Town has a Purchasing Policy, which provided additional information on operative bidding, as well as unilateral contract provisions. MOTION: Commissioner Gossett-Seidman moved to ask Finance Director Mathew Lalla to pursue two or three other facilities to see what their bids might be,including moving all of the Towns accounts over as well as adding the additional signatures after reviewing the safety deposit boxes. Vice Mayor Babii seconded the motion. The motion carried 4 to 1, with Commissioner Donaldson dissenting. C. Discussion on Public School Bus Shelters along State Road AlA in conjunction of the Proposed Florida Department of Transportation RRR Improvement Project. Commissioner Donaldson. Mayor Zelniker read the title of Item 12C. Commissioner Donaldson introduced this item and gave a PowerPoint presentation highlighting the following: • The lack of Outreach for Children living in Highland Beach • The Vicinity of Existing School Bus Stops: Toscana;Highland Beach Drive, Bel Air Drive and Boca Cove Lane Town Commission Regular Meeting Minutes January 21,2020 Page 11 of 19 Commissioner Donaldson also discussed the various efforts that could be taken to make improvements. Commissioner David asked if anyone requested it and that she was concerned with homelessness that the bus shelter might attract. Commissioner Gossett-Seidman advised that she had never been asked by parents for a bus stop and expressed of her past experience with school children. She stated that this was premature timing. Vice Mayor Babii concurred with Commissioners David and Gossett-Seidman statements. He stated that he would like to first see a strong demand for it. Mayor Zelniker explained that she is more concerned with when the children are dropped off the school bus on the ocean side of the road in front of Toscana. She stated Police Chief Hartmann usually have a police vehicle follow the buses. She stated that it was something nice for the future and the Town should start thinking about something nice for the children. Commissioner Gossett-Seidman explained that the bus stops were fluid and that the schools pay attention to where the majority of the students live and adjusted the bus stops accordingly. She stated that when thinking about placing permanent bus stops around the Town,that should be kept in mind. Mayor Zelniker opened the item for public comment. Mr. Kosovsky questioned the number of school children the shelters would serve and where they would be located. Commissioner Gossett-Seidman explained that in 2007, the Sun Sentinel did a story on the rising number of families living in Highland Beach. Commissioner David discussed crossing guards and the fact that cars must stop when school buses come to a stop. Police Chief Hartmann provided comments about school buses and the safety of the children. Mr. Douglas Hillman of Dalton Place noted it was time to move on since it was consensus of the Commission not to move forward. He said the Police Chief Hartmann stated that there were no pedestrian safety issues. Town Commission Regular Meeting Minutes January 21,2020 Page 12 of 19 Mayor Zelniker read the title of Item 12D. D. Discussion on Protecting the Coral Reefs System in Highland Beach including Yamato Rock and the Three Reef Systems according to Florida's Coral Reef Protection Act. Commissioner Gossett-Seidman Commissioner Gossett-Seidman introduced the item. She stated she was presenting it to everyone to build on Douglas Hillman's prior presentation, in that she wanted to ensure that everyone knew that there were specific laws that govern the Reefs Systems. She discussed the three Reef Systems, Marine Life and the Florida Coral Reef Protection Act. She advised that the Town had to be careful and cognizant of who works in Highland Beach, due to its complex nature. She said the three South Florida Newspapers(Miami Herald, Sun Sentinel and Palm Beach Post)had formed a liaison three years ago to work together and shares editorials concerning the protection of the Reefs. She advised the Commission and the public to keep vigilant about the Coral Reefs. Commissioner Donaldson thanked Commissioner Gossett-Seidman for bringing up the subject before Commission and stated that it was great that there were federal funds to protect the Reefs and spoke of the Reefs importance. He also discussed the parking lot and the Coral Reefs Protection Act. Vice Mayor Babii questioned whether the Town should consider a one-time consultation with an Environmental Law Firm to find out available alternatives. Mr. Hillman responded yes and that he sees value in seeking out consultation. He said he believed that the Town should go after this with multiple plans. He stated that it is best to find the right consultant firm. He asked Commission Donaldson to expand on the Coral Reef Protection Act. Commissioner Donaldson advised that there were provisions and provided further explanation. Mr.Hillman provided additional comments on protecting the coral reefs. He stated that he thought it was worthwhile to look at. Mayor Zelniker provided comments about prior beach nourishment from neighboring municipalities in the past and stated that there were Coral Reefs in the past. She stated that if there were Coral Reefs, then there would be no need to be building seawalls. She stated that it was unfortunate that during beach re-nourishment in Boca and Delray, sand was being taken from Highland Beach. Commissioner David asked Commissioner Gossett-Seidman were there specific things that could be done to protect the Coral Reef System. Commissioner Gossett-Seidman explained public awareness would be of assistance, as well as providing additional pictures and information on past history of the Reefs. She discussed having the Natural Resources Preservation Board becoming involved with the Reefs issue. Mayor Zelniker opened the item for public comments. Town Commission Regular Meeting Minutes January 21,2020 Page 13 of 19 June Kerr stated that she usually swims the length. She mentioned that instead of paying towards a Man-made Reef to allow an educational group to get a hold of it for research. Mr. Ross provided comments on Vice Mayor Babij' s suggestion to consult with a Legal Environmental Law Firm. He stated that he did not see a downside in having a consult. He also stated that it would be a great idea to see what services a firm could provide now and in the next five years. Mr.Hillman stated that there was a need to discuss the scope of the environmental attorney's work in greater detail. He said it is not just the beach and Yamato Rock that it was also the on the west side where there is a problem with flooding and water run off along Al A. He stated that it would need to be done before his swearing in date, so that he might be able to assist with it. Mr. Greenwald stated that this is a process and the input should start now. He said it was not a Highland Beach issue; it was a County issue. He said that the Town needed an action plan to determine how to deal with the County. He said from a governance standpoint there were different ways to do that. He discussed starting with an integrated plan from the Town Manager with the Commissions endorsement. He stated that there could be various elements with that plan. He said that there needed to be input from various boards on what is needed to be seen on the final product. To start with a plan and not piece the plan together. Mr. Peter Kosovsky of Villa Nova explained that there were several moving parts to Milani Park. He stated that the Town must ask themselves what they do we want to accomplish and how do we want to accomplish it. He mentioned having a Memorial Park that fits with the community. He suggested to pick a law group that is a heavy hitter who can get the job done with the proper connections. Public comments were closed. Commissioner Gossett-Seidman read Item 9 in the Florida Statute in order to answer Douglas Hillmans question. She mentioned the need to find out if federal law trump's state law. Commissioner David had no comments. Commissioner Donaldson advised that the Town moves ahead slowly and kept options opened. He mentioned the Town taking Commissioner Weinroth up on his offer of a sit-down meeting. He stated that Town needed to see what the County was thinking first that a plan was needed to find out what resources were needed to get there and what the options were. Town Manager explained that the Town cannot proceed without a vision. He stated that he is not sure what to ask for or where to start. The Town needed to figure out what they were willing to accept. He stated that he thought they could get to a scaled down version,but not to a point where nothing is done. The Town will need an attorney. He advised that this is not just a Manager or Commission issue, it is a community issue. Town Commission Regular Meeting Minutes January 21,2020 Page 14 of 19 Vice Mayor Babij asked what would be the next step. Town Manger Labadie advised a survey of what the residents see Milani Park as. Commissioner Donaldson explained that the Town did not want to overlook the RFP process. Town Manager Labadie explained that the County is two years out. He also provided comments about the Town's settlement agreement and the 46 stipulations listed in the agreement. Mr.Hillman explained that involving a law firm was plan B.He elaborated on what Town Manager Labadie explained. The Town had to know the audience before knowing what to ask for. The Town have to go to the public with ideas and talked about the possibility of focus groups. Mayor Zelniker explained the Town Charter and stated that the Town is a weak Mayor and strong Town Manager. She advised that whatever is done, will be open to the County as the County cannot use County tax money to keep something private in Highland Beach. She said to let the public give their feedback. Commissioner Gossett-Seidman stated that she would like the Town Manager to do some footwork on the issue. E. Update from the 2020 Census Complete Count Committee Mayor Zelniker read the title of Item 12E. Town Manager Labadie introduced the item advising that there was a meeting on January 15,2020. He stated that there were suggestions made to get the word out about the Census and Census expectations. Commissioner David stated that she believed it to be a reasonable amount of money for a Town of this size and to get as many people counted,would make a big difference. She said that it is not where you vote, it is where you are when you fill out the Census. Commissioner Donaldson commented that Census is vitally important, and the wealth of data is fabulous. He said he supported moving ahead. Commissioner Gossett-Seidman commented that it was extremely important to get a rate count. Vice Mayor Babij commented that he concurred with the previous Commissioners comments. Mayor Zelniker asked if people had to be homesteaded to fill out the Census. Terisha Cuebas, Assistant to the Town Manager explained that where the person is at the time, they receive the Census... and that where a person lay their head on April 1, 2020, is where they complete the questionnaire. Town Commission Regular Meeting Minutes January 21,2020 Page 15 of 19 MOTION: Commissioner David moved to authorize the spending of money as presented. Vice Mayor Babij seconded the motion, which passed(5-0) unanimously. F. Discussion of the Draft Parking Ordinance and Comments Received from The Public. Mayor Zelniker read the title Item 12F. Town Manager Labadie introduced the item and explained that it had nothing to do with the construction handbook,as those codes that relate to construction related activity remain untouched. He stated that this was not a first reading that it was the response of the Commission,him and the Chief of Police to come back with a clean first reading draft. He elaborated on the current Parking Ordinance and the additional provisions that was up for discussion. Vice Mayor Babij referred to Section 16-7. (a)and asked if Dr. Pam would be fined if she parked her commercial vehicle between the hours of 6:00 PM to 8:00 AM, on Sundays or legal holidays in her driveway, even if it is obstructed from public view. He said the wording stated under no circumstances. Chief Hartmann advised that if it was not visible from the roadways there would be an exception. Town Attorney Rubin explained that the wording in this section needed to be cleaned up. Vice Mayor Babij provided comments about vendors parking in driveways, stating that many companies require their drivers stay out of driveways,as it cost them too much money in damages could result in hitting parked vehicles or trucks spills. He said it was important to have the vendor and guest parking on the street. Commissioner Gossett-Seidman explained that the Bel Lido Association sent out seven questions and 35 responded. Eighty percent (80%) does not want street parking for guest of residents. She gave a breakdown of other factions within the community and mentioned the federal law for mailboxes. Commissioner Donaldson advised that he did not mind giving it a little more time and that he would defer to the Commissioner that live in the neighborhoods. He explained that he would not like for this to go to the next set of Commissioners. Commissioner David asked how many homes were part of the association and were affected by this. Commissioner Gossett-Seidman and Vice Mayor Babij explained that as a practical matter, it lowers the value of the homes and that if the realtor did not tell the buyer about the parking, it could create major issues. The ordinance has to have reasonable conditions and restrictions. Commissioner Gossett-Seidman stated that guest needed to be able to park on the street when they do not have access to the driveway. Vice Mayor Babij explained that a no parking rule is a very bad idea. Town Commission Regular Meeting Minutes January 21,2020 Page 16 of 19 Mayor Zelniker stated that her, Town Manager Labadie and Chief Hartmann had come up with a great plan. Commissioner Gossett-Seidman explained that the HOA meeting will be held on Thursday, February 27, 2020. Mayor Zelniker gave comments about parking cars on the streets. She suggested that since that the HOA would be meeting on February 27h, the Commission could print some materials and distribute the information at the meeting to show the people what was in mind. She suggested Chief Hartmann, Town Manager Labadie and Mayor Elect Hillman to attend the meeting. Town Manager Labadie explained that the HOA meeting was private, but if an invitation was extended, he will attend. She said that someone from the Censes Committee should also attend the meeting. Commissioner Gossett-Seidman advised that she felt a certain tendency that it was a little water down version of what they had prior. She said that 80%of people saying no,took her by surprise. She said that it reflected on the homes being larger, and less parking. She said that she did not know of one single-family home that could not fit up to four vehicles in the driveway and that the homes were on larger lots. Vice Mayor Babi1 asked if the Commission could get all the responses from the residents for comparison because some of the responses he received, were directly from emails that went to the Homeowner's Association. Discussion followed about the 80%, Bel Lido Drive, Homeowner Associations being an optional association, and membership and data. MOTION: Commissioner Gossett-Seidman made a motion to have the Chief of Police and the Town Manager be in attendance at the forthcoming February 27th meeting at which time there would be a discussion with over 100 homeowners and that they can bring back the results. Discussion ensued as follows: Commissioner Donaldson asked if there could be a motion to table the item until March(crosstalk). Commissioner David explained that the motion was quite wordy. Mayor Zelniker opened the item for public comments. Mr. Goldstein explained that he is a part of the Bel Lido Association and that the homeowner association(HOA)has a meeting once a year and spoke about the email he received. He mentioned that he was surprised that Commissioner Gossett-Seidman believed there was a problem. He said that there were only about two or three vocal residents that made complaints and that the Ordinance was fine. Commissioner Gossett-Seidman provided comments about a Boat Parade that she had for the neighbors and stated the police were notified in advance. She advised that there had been funerals, weddings, proms, party, etc. and people usually parked correctly. She stated she would like to see the questionnaires that were not provided in a timely fashion. Town Commission Regular Meeting Minutes January 21,2020 Page 17 of 19 Mr. Hillman explained that this has been ongoing for more than a year and that it should be at the board level. He said he did not understand why it was at Commission level and that there were different segments of population on the Island, due to different streets and different needs and wants. He discussed the possibility of different requirements of different street segments, as the population is diverse. He urged Commission to resolve the matter. Discussion followed about the people living on that street having input on what they wanted, how to obtain the surveys from the people who were not members of the HOA, and on voluntary HOA membership. Carol Goldstein of 4408 Intracoastal Drive comment about the survey and about Ron Brown's mistake in counting the votes. Commissioner David suggested that the motion be tabled until after the Board and Unit Owner's meeting at the Bel Lido Association (crosstalk). Town Attorney Rubin explained that a motion was not necessary (unintelligible and crosstalk)to send to the HOA. Vice Mayor Babij called Chief Hartmann to the podium to asked him if a proper survey at the HOA meeting would be done. Chief Hartmann(inaudible). Vice Mayor Babij advised that he had not received Ron Brown survey. Town Manager Labadie stated that it should be one question with a show of hands with people being either for or against guest parking. MOTION: Commissioner David moved to Table the item.Commissioner Donaldson seconded the motion. The motion carried 4 to 1, with Vice Mayor Babij dissenting. Discussion followed about tabling the item being brought back to Commission in March. Mayor Zelniker opened this item for public comments. There were no public comments. MOTION: Vice Mayor Babij made a motion to clean up the language and to move the item to a first reading. Commissioner David seconded the motion. The motion carried 4 to 1 with Commissioner Gossett-Seidman dissenting. (unintelligible) Mayor Zelniker advised when the meeting was attended to give people the copies at that time. 13. PUBLIC COMMENTS AND REQUESTS—AGENDA ITEMS ONLY Mr. Allen Goldstein explained that the association does not represent him. He said that it is up to the Commission to do what is proper for the residents and it should be the Commission decision not that of the homeowners. Mayor Zelniker stated that what the Commission was trying to do was get the opinions of the people who live there and was affected by this. Mr. Roger Brown of 4314 Tranquility Drive commented that he had not received the survey; however,he did receive emails from Bel Lido Isle. He said he was against banning parking on the streets that it was a burden to the Police Department. He said that he is not allowing commercial vehicles to park in his driveway either and that it would be a horrible mistake to enforce it. Discussion followed about the survey and not obtaining quality feedback from it. Town Commission Regular Meeting Minutes January 21,2020 Page 18 of 19 14. TOWN COMMISSION REPORT A. Commissioner David did not have anything to report. B. Commissioner Donaldson mentioned he attended the Financial Advisory Board meeting and hoped the discussion on the Fire-rescue Contract had been put to rest. He stated that he hoped it would be placed on the backburner until the contract was ready to be examined. C. Commissioner Gossett-Seidman provided an update Regarding Legislative Days. She stated that she had a two paged typed form for anyone interested. She stated it was the League of Cities opening week at the Legislature meetings. She discussed the committees and subcommittees that would meet on both sides of the Legislature. She also discussed the first and second readings and when they were to take place or had already taken place. She provided additional information on other discussions that had taken place. D. Vice Mayor Babii asked the Town Manager to work with Commissioner Gossett-Seidman to get all the responses from the Bel-Lido Association and distribute to the Commissioners. E. Mayor Rhoda Zelniker stated that she did not have anything to report. 15. TOWN ATTORNEY'S REPORT Town Attorney Torcivia had no report. 16. TOWN MANAGER'S REPORT Town Manager Labadie stated that Collective Bargaining season with the two Unions starts tomorrow,the Audit Perpetrations had started, and the Water Sewer Study was underway as well. He discussed the five RFPs that were going to take place. He mentioned the Census and making sure residents were counted. Mayor Zelniker stated that there was a question about who owned the sewer pipes. Town Manager Labadie advised that the Town owns the pipes and that the waste was routed to Delray Beach for processing. Commissioner Gossett-Seidman made a comment about an email she received about two cars that were covered in blue from Spanish River Bridge. She said that FDOT had been notified. Town Commission Regular Meeting Minutes January 21, 2020 Page_19_of 19 17.ADJOURNMENT There being no further business, Mayor Zelniker adjourned the meeting at 5:09 PM. APPROVED at the--May 5? 2020 Virtual Town Commission ing. -- - - Douglas fhlt6an, Mayor ATTES Transcribed by Ganelle Thompson Administrative Support Specialist May 5, 2020 Lan Ida Gaskins, M�1C, Date Town Clerk baw: 05/01/2020 Ig: 05/06/2020