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2020.01.07_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 meeting to order at 1:30 P.M. Date: January 7, 2020 Time: 1:30 PM She thanked the town employees and gave kudos to the water treatment plant workers and police officers. She stated that there was a nice turnout at the Light Up the Holidays and Town's 70ffi Anniversary celebration. She mentioned that the police presence at St. Lucy's Catholic Church was well received by the community, and she thanked Chief Craig Hartmann for making sure that St. Lucy's Catholic Church was protected due to the climate the country is in these days. Commissioner Evalyn David Commissioner Barry Donaldson Commissioner Peggy Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Town Commission led the Pledge of Allegiance followed by a moment of silence for the for the military men and women going to Iraq. 4. ADDITIONS DELETIONS AND APPROVAL OF THE AGENDA Vice Mayor Babii moved Item 12B, Discussion on Proposal for Boat Setbacks to Item 9AA under Proposed Ordinances and Resolutions. MOTION: Commissioner David moved to accept the agenda as amended. Commissioner Donaldson seconded the motion, which passed (5-0) unanimously. Town Commission Regular Meeting Minutes January 7, 2020 Page 2 of 20 5. CIVILITY PLEDGE Town Clerk Gaskins read 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. Community Greening, a Nonprofit Organization Presentation Commissioner Gossett -Seidman stated that she recently attended a DAR meeting and had observed a presentation by the Community Greening organization. She stated that this organization was actively working to create a broader tree canopies throughout Palm Beach county, and she briefly spoke about their work in blighted communities. Mayor Zelniker introduced Mark Cassini and Matt Shipley of Community Greening. Mr. Cassini provided a brief overview about the establishment of the Community Greening. He indicated that the organization was an urban forestry nonprofit organization, and members of the Arbor Day Foundation, which is an alliance for community trees. He stated that they started in the City of Delray Beach and their aim was to get people engage in improving the environment including livability, sustainability resilience, and the benefit of planting trees. He gave a PowerPoint presentation highlighting the following: • Trees Have Enormous Benefits • Tree Canopy Campaigns including tree canopy assessment Mr. Shipley continued the PowerPoint presentation highlighting the following: • Programs: public parks, school plantings; urban orchards; neighborhood & residential tree plantings; and the youth tree team • Transforming Vacant Lots into Thriving Greenspaces • Neighborhood & Residential — the set • Tree giveaways • Youth Tree Team • Education • Program Partners Town Commission Regular Meeting Minutes January 7, 2020 Page 3 of 20 Mr. Cassini proceeded with the PowerPoint presentation highlighting the following: • Data Base and ECO Benefits • Positive Press from the Delray Magazine and The Coastal Star. He indicated that the program was modeled after nationwide groups in Los Angeles, Baltimore and Chicago. He stated that they contacted the Arbor Day foundation and they were the first in Palm Beach County, South, Florida with a staff of five people. They were able to thrive on sponsorships, grants, and held an annual fundraiser which raised about $350,000 last year. He stated that the projected estimate of about $500,000 in 2020. Commissioner Gossett -Seidman asked Mr. Cassini if he could let the community and Commission know what the organization was doing with regards to the seaside communities. Mr. Cassini stated that they are currently working with the Florida Forest Service in conjunction with cities that have already had their Canopy Assessment, and are working a on proposal to get Delray Beach, Lantana, Lake Worth Beach, and Riviera Beach, so they could have an entire corridor of knowing where the tree canopy is and focus on planting in early 2021. Commissioner Gossett -Seidman asked about the sources of funding and grants as it would relate to a smaller town such as Highland Beach. Mr. Cassini explained that they would provide a service conducive to the Town whether it be a tree giveaway or a tree planting event. He stated that they are working hand in hand with foundations and city staff. Commissioner David asked how would you recommend Highland Beach become a part, and what do you think we should do? Mr. Cassini indicated that a tree giveaway was a good way to start. Commissioner David asked what is the approximate cost of the tree giveaway? Mr. Cassini replied about $4,000. Commissioner Donaldson explained that there used to be a beautiful tree canopy in Highland Beach, and it does not exist anymore due to storms, diseases, and a variety of things that happened. He provided comments about his concerns with sending mixed signals to the community and the lack of support from the community. Commissioner Gossett -Seidman commented about the substantial tree canopies she observed in the 70's. She also commented about the code related to tree removal and replacement, non- enforcement of the code; how lots were leveled and how palm trees, shrubs, and non-native plants were installed instead. She stated it was an advantage to have Community Greening come out and possibly give the town some ideas. We want to look at having a better green spot in Highland Beach. About eight years ago, the Town of Highland Beach was recognized by Arbor Association and received a National Green City designation plaque. Vice Mayor Babii stated that he previously received two palm trees from Commissioner Gossett - Seidman. He explained that this could encourage people to do things on their own properties. Mayor Zelniker mentioned that Highland Beach have private properties, code related to every tree removed another tree would be planted, the palm trees along A I A in the swales, which belong to the State of Florida Department of Transportation. She asked Mr. Cassini if he had work with the Town Commission Regular Meeting Minutes January 7, 2020 Page 4 of 20 State. Mr. Cassini replied, no. Mayor Zelniker also commented about the palm trees given by the state located in the swales going south along A IA. She noted that the City of Boca Raton have an ordinance related to fertilizer use and asked Mr. Cassini if he investigated in anything of that nature. Mr. Cassini explained no they have not. However, they promote not using fertilizer. They promote native trees and it teaches people that they do not need fertilizer for native trees, and pesticides are not used in urban orchards. Mayor Zelniker suggested that Mr. Cassini come up with something and ask municipalities to make such an ordinance. Whatever we do in Highland Beach and we have to be cognizant. She thanked Mr. Cassini for his presentation. Mr. Fred Rosen wished everyone a happy and healthy New Year. He thanked Mayor Zelniker and Commissioner Donaldson for their services to the community. He stated that the entire community, the Commission. and advisory board and committee members have to get involved, come together, and attend the commission meetings related to the Milani Park property. He stated that the next year or two was going to determine what the Town of Highland Beach would like in the next five years. Mr. Tim Burnish, Chairperson of the Code Enforcement Board wished the Commissioners and Mayor a happy new year. He thanked the Town for keeping the Christmas decoration up through today because the Eastern Orthodox Christians celebrate Christmas today. He wished everyone a Merry Christmas. Mayor Zelniker noted that Douglas Hillman's conversation today will be strictly as the President of Boca Highland. Mr. Douglas Hillman gave a PowerPoint presentation. He stated that Mr. Rosen was able to get an appointment with County Commissioner Weinroth for Evalyn, himself and Fred to discuss the Milani Park situation. Mr. Hillman explained that they wanted to provide alternative uses for the land, and their focus was to represent their community not the Town. He proceeded to explained that at the meeting, he represented Boca Highlands as the president. Fred and Evalyn are on the board of directors and are members of their own building, which is Braemar Isle, which is one of the largest building within his community. He discussed what the main focus of the conversation was as well as showing various pictures of the community. He also stated that the beach is not fully conducive to allow for too many swimmers to be on the beach without them having to access private property or without them swimming in dangerous parts of the ocean. Mr. Hillman gave a PowerPoint presentation highlighting the following: Possible Land Use Solutions • A Park • Extended Water Retention or Water Treatment Area • Recreational Areas • Saltwater Pond • Seating Area Town Commission Regular Meeting Minutes January 7, 2020 Page 5 of 20 • Bicycle area Potential Park Solutions Cam D. Milani Environmental Education Center, a partnership with Palm Beach County and Highland Beach Topics to include: • Yamato Rock and the Japanese settlers • Seminole Tribe of Florida's Cultural Features/History • Coral Reef Protection • Beach and coastal dune environment • Sea Turtle Nesting/Habitat • Climate Change/Resiliency • History: Boca Raton, Delray Beach & Highland Beach. Mr. Hillman stated that over all the mission is to keep it natural and keep it safe. He explained that over 30 years ago Cam Milani passed away and the Milani family sold the properties to Palm Beach County with the hopes to name a park after Cam Milani. Ten years there was an agreement, included in the settlement agreement was two five-year extensions. The county recently took one of the five year and will spend a half of a million dollars. We think that there might be better use of the properties. Milani family has the first right of refusal of the property if sold. We think there might be better use of the property and these are just ideas. Mr. Rosen explained that if we get 15 percent of the residents to attend the county meetings that would be great. Mr. Hillman encouraged the residents to be part of the process and get involved. Mr. Weinroth explained that once the new town commission is formed in March, he would like them to come back to the County Commission. Mayor Zelniker explained the history about the Town not purchasing the properties several years ago. The property was offered to the Town and the Town did not purchase it. She then explained why it is important for the commission to have a vision for the future of the town. Mr. Hillman proceeded to explained. Commissioner Donaldson explained that the county has a one size fits all. He stated that it is not typical beachfront park and that the county needs to take a step back and think about that. This has got to change. The premise of 100 parking spots comes from the minimum that is needed to receive federal money. This is a different kind of beach. He stated that the people of Highland Beach need to get behind an alternative and press the message. Commissioner Gossett -Seidman clarified that this involved an agreement solely with Palm Beach County and Ms. Milani legally. She asked The Town attorney to clarify if Highland beach is just weighing in. Town Attorney Torcivia explained that there are 46 or so conditions that the county must meet. He stated that he feels a thought the county will be willing to talk about Milani Park. Town Commission Regular Meeting Minutes January 7, 2020 Page 6 of 20 Commissioner David explained that the county and the Town have an agreement and that the town is legally involved. Ms. Milani no longer has any legal involvement and that the county would only involve her as a curtesy. The county has a lot of hoops to jump through to build something. Commissioner Gossett -Seidman was there a way to press the county for some beach side clean up and if there is anything, we can weigh in. Town Manger Labadie explained that from the code side we can make sure they clean of the property. She proceeded to explain that she used to scuba dive in the area. The live coral reef needs to be protected and she believed that there are some federal laws that regulate the reefs. Vice Mayor Babij stated that he thought it was an awesome presentation. I OW11004IN01_► Manor Zelniker read the following announcements. A. Board Vacancies 1. Board of Adjustment & Appeals 2. Code Enforcement Board 3. Financial Advisory Board Three vacancies for a three-year term One vacancy for an unexpired term ending July 1, 2020, One vacancy for an unexpired term ending August 1, 2021, and One vacancy for an unexpired term ending May 28, 2022 One upcoming vacancy for an unexpired term ending April 30, 2022 4. Planning Board One vacancy for an unexpired term ending September 1, 2022 B. Meetings and Events Natural Resources Preservation Board Meeting January 8, 2020 10:00 AM Planning Board Meeting Financial Advisory Board Meeting January 9, 2020 9:30 AM January 16, 2020 3:00 PM Town Commission Meeting January 21, 2020 1:30 PM Town Hall Closed: January 20, 2020 — in Observance of Martin Luther King, Jr. Holiday Town Commission Regular Meeting Minutes January 7, 2020 Page 7 of 20 C. Board Action Report 1. Planning Board 2. Natural Resources Preservation Board 9. ORDINANCES AND RESOLUTIONS AA. Discussion on Proposal for Boat Setbacks. — Vice Mayor (THIS ITEM WAS FORMALLY 1213) Vice Mayor Babii introduced this item and gave a PowerPoint presentation highlighted the following slides: • Relevant Education and Experience for this topic • How Did the Concept of Boat Setbacks Surface? • Discussing Setbacks for Boats, Starting with Some Boat Docking Basics • Dock Lines • Due to changes in tide, and line stretch (forces from wind or current), natural setbacks exist. • Calculation for Illustration: 1 large boat • Calculation for Illustration. 1 medium boat and 1 smaller boat • How do Surrounding Towns deal with boat length vs. property size? • Feedback from Residents on Boat Setbacks (and Also on Marine Facilities & Docks) • A Few Specific Comments to help illustrate the tone of the Resident Feedback • Property Math Related Boat Setbacks • Have We Utilized a Robust Framework to Evaluate If Boat Setbacks are Necessary? Vice Mayor Babii stated surrounding municipalities faced similar issues. He suggested that we should be leveraging their policies and their outsourced experts. We should be basing decisions on how it would impact all the residents not just on antidotes. He stated that it was not apparent that there were a significant number of residents that need to have a right restored that has been taken away from them because there are no boat setbacks. His recommendations were as follows: • It is not apparent that there are a significant amount of residents that need to have a right restored that has been taken away from them because there are no boat setbacks. i.e. A slightly better view across a neighbor's property or across the water behind a neighbor's property is not a right. • Immediately instituting boat setbacks is overreach. It is not necessary to do something right now, if ever. • Thus, concept of boat setbacks should be tabled by the Commission. • The Commission should instruct the planning board to table this concept as well. • If there are boats that are moored over the property line, enforcement of current policies is the answer. Town Commission Regular Meeting Minutes January 7, 2020 Page 8 of 20 Vice Mayor Babij suggested the following framework: • Regulations of surrounding towns should be reviewed, published, discussed at length, deeply understood. The surrounding towns have nailed this topic in terms of logical, rational and reasonable ordinances, and in terms of clarity. Highland Beach has failed. A qualified firm that specializes in marine related code, such as the firm used by Boca Raton, should present, and also be hired as an advisor. Vice Mayor Babij stated that Town Manager Labadie and the new Town Planner Ingrid Allen had a suggested to bring in to present, the marine firm that helped Boca Raton write their code. Boca Raton code is good. It is probably not a bad idea to bring them in to present to us and maybe we can hire them as an advisor. That is how we should be editing this material. • Seek advisory board input after the above 2 tasks have been completed: In this case the planning board. • And most importantly, heavy preference should be given to the owners of waterfront properties. If there is massive demand for a change that is also reasonable and sensible, and conforms with surrounding town legislation, it should be considered. • The First Step to Getting Out of a Hole is to Stop Digging Commissioner David stated that when dealing with a perpendicular docking it is one issue because there are pilings, docks and the boat is going to be within a certain perimeter. When dealing with docking on a face dock and there are two properties 100 feet each, there are two owners who each want that want to have a 92-foot boat. She asked, how do you deal with this to prevent the boats from slamming into each other because you cannot quite park a boat? How do we deal with that without the boat owner who puts the 92-foot boat their first then tells the other boat owner you cannot have this big boat because you will interfere with my boat? What do we do? Vice Mayor Babij spoke about his personal boating experiences with regards parking his 40-foot boat in difficult spots. He commented about the use of a bow thruster and two engines to maneuver a boat into a slip. When you have two boats and there is a bit of a setback. You are never going to have one being pulled back by the wind and the other being pulled forward by the wind. Vice Mayor Babij remarked about the use of joysticks to move the boat, docking of boats and the use of lines. A sailboat is the only boat that cannot move with ease. Discussion ensued about the spring lines, controlling the movement of a boat in a perpendicular motion, the piling and bow thrusters. Commissioner Donaldson indicated to the point of how the whole setback got into the ordinance for review. He stated that we need to be a little tempered on that because often times the Commission gives direction to the Town Manager or staff to take rough cuts, go back refine them and bring it back, and quite often things get put in that we did not discussed. He stated that he does not want to harsh on that because it happens. He thanked Vice Mayor Babij for his presentation. Town Commission Regular Meeting Minutes January 7, 2020 Page 9 of 20 Commissioner Gossett -Seidman commented about her boat and dockage space. She stated that she understands what Commissioner David's point is because if people need to pull straight into their lift, which is parallel to the property they need at least a boat that is one and a half to two and a half boat length to line up and pull in. She thanked Vice Mayor Babij for his presentation. She provided comments about common courtesy use on the waterways and reasonable commonsensical people. Commissioner Gossett -Seidman stated she did a quick calculation and there is about 8.7 miles of waterways in Highland Beach counting the 3.1 on the ocean. She stated that moving forward we have to look at other facilities and other towns. She also stated that she does not believe there needs to be 10-foot setbacks on either side. Mayor Zelniker stated she is not a boater and is not sure why or how this came up. David Axelrod, Chairperson of the Planning Board explained that the Planning Board had reviewed the proposed ordinance at it December 19, 2019 meeting. He indicated that the board does did not see a need for the proposed language related to a 10-foot boat setback, and that the board is waiting for a response from the Commission. (Inaudible) Mayor Zelniker commented about a few complaints that she received in the past about the boatlifts being too high and people view being blocked. She stated that she agreed with Commissioner Seidman's that common sense has to rule. She stated that she does not think their needs to be an ordinance for every little thing. She suggested that the Commission table this item and found out what the City of Boca Raton and the City of Delray Beach are doing. Vice Mayor Babij suggested the Commission take the public comments first and then figuring out what should be done. Town Manager Labadie introduced item 9A. — Ordinance No. 20-001. He indicated that the boat setback has been removed from the Planning Board and are not included in the marine facility. He further explained what the approval process was with regards to public hearings related to boats and setbacks, seawalls, marine facilities, special exceptions, and boat docks. He discussed the changes to the proposed ordinance as follows: all marine facilities are special exception and approvable by the Planning Board, and the strike through on page 11 related to setbacks for marina facilities and multi -family zoning districts. Town Commission Regular Meeting Minutes January 7, 2020 Page 10 of 20 A. ORDINANCE NO.20-001 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 6 "BUILDING AND STRUCTURES," ARTICLE V "SEAWALLS; BULKHEADS; RETAINING WALLS" AND AMENDING CHAPTER 30 "ZONING CODE," ARTICLE IV "ZONING DISTRICTS" TO ALLOW THE PLANNING BOARD TO MAKE FINAL DECISIONS CONCERNING GRANTING APPROVALS FOR SEAWALLS, BULKHEADS, RETAINING WALLS AND VARIOUS MARINE FACILITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Commissioner Gossett -Seidman asked if the Commission directed the Planning Board to establish that all three areas go to their jurisdiction instead of the commission. Town Manager Labadie explained it was a little bit of both. He stated that they were leaning toward the Planning Board and the Planning Board thought it was appropriate that it stop with them for review. He mentioned planning board as a stop with special exception. Commissioner David stated she want to make sure that the neighbors receive public notification. Town Manager Labadie explained some of the changes that have been made regarding mailing. Public Comments: Mr. JB Fost stated he reached out to Vice Mayor Babij and Commissioner Gossett -Seidman said the two important words — common sense and curtesy. Mr. Roger Brown 4314 and 4315 Tranquility Drive stated the thought of having setbacks is an absurdity. He spoke about micromanagement in regard to the committees. He mentioned this is going in the right direction to have one committee make the decision. He moved in this community because it is a marine and boating community. Mr. Greenwald 4308 Tranquility Drive stated that he felt as though common sense is imperative. The setback of the boats is not necessary. There was a clause for requiring permits for floating docks or floating lifts. He stated that some of the things were not clear. In terms of perpendicular docking there should be some degree as to how things can extend vertically docked. He stated that somethings should be cleared up before passing. There are clauses in there that may be changed to a favorable direction. Vice Mayor Babii explained he was not super clear in his presentation. The City of Boca Raton have crystal clear language regarding perpendicular docking, setbacks and floating lifts etc. He stated that he wanted to have that group come in and assist with the language of the code. Commissioner David explained this is just to give to the planning board and brining in the consultation firm was only to have the language cleaned up. Town Commission Regular Meeting Minutes January 7, 2020 Page 11 of 20 Mr. Hillman stated that the Town should bring in the consulting firm. He also stated that the felt that the Town should not be responding so quickly to a very small sampling of individuals. Mr. Brown stated that he agrees with Doug Hillman and wanted to make sure the Town is not intending on regulating floating docks or floating vessel platforms as they are regulated per Florida Statutes 403.811 s. The town cannot import more strict rules than what is already listed in the statue. Commissioner Gossett -Seidman stated that there is a new permit called Self -Certification Exempt Dock with Boat Lifts which is due to cutbacks at the federal level for the Department of Environmental Protection (DEP) and the Army Corp. She also discussed how the process would work with the new permit. She mentioned the governing bodies of various waterways and how the two lakes owned by the Town need to be surveyed. She also stated that she agreed with Vice Mayor Babij and stated that a marine consultant should come in and that the item should be tabled. Commissioner David stated that she was under the impression that the planning board would be doing the hearings and that there would be a special exception in addition to bringing in an expert. Commissioner Donaldson discussed the contents on page 13 of the agenda and questioned if the appeal process was eliminated because it was redundant. Town Manager Labadie replied yes. Commissioner Donaldson stated that it is a good idea to bring in an expert. He stated that it may be better placed with the planning board to receive the presentation. He stated the Town should document all seawall improvements to know the effects. He also stated that it is very to keep learning. He stated that there need to be some more tweaking. He has no problem with tabling the item. Mayor Zelniker stated that she agreed. Mr. Douglas Hillman agrees with Commissioner Gossett- Seidman. He stated that the Marine Consultant should be placed at the hands of the Building Department so when the information comes to the Planning Board its already cleared. MOTION: Vice Mayor Babij moved that The Commission tables the concept of Boat Setbacks and recommends the Planning Board to do the same. Commissioner David seconded the motion, which passed (5-0) unanimously. MOTION: Vice Mayor Babij moved to align the processes to all go through Planning Board with no changes to zoning or setbacks in this Ordinance. Commissioner David seconded the motion. The motion carried 4 to 1 with Commissioner Gossett - Seidman dissenting. Town Manager elaborated on the motion stating the approval of the first reading with the changes to page 11 where the strike through will be removed on the multi -family district setbacks on interior lots and changing docks and lifting devices to accessory marine facilities under section 6D. Town Commission Regular Meeting Minutes January 7, 2020 Page 12 of 20 Commissioner Gossett -Seidman asked if any member on the planning board have a marine facility, boat, a captain license, or a contractor license? Town Manager Labadie explained that the Town's code had implication for a marine expert to be utilized, which had not been done. Town Planner Ingrid Allen contacted a marine expert that is utilized in the City of Boca Raton. Town staff will start using marine expert for review. According to the Town's code of ordinance, we have a right to stop, have a marine expert review it and then send it to the Planning Board. This is the process that the Town Planning will us going forward. We are currently working with the consultant, getting a proposal, and talking with the town attorney. All of these things are in motion. He does not know if any of the members serving on the Planning Board have certain specialized marine license. Town Attorney Torcivia mentioned that if the motion was going to be approve the ordinance with the changes, he mentioned there was one more change on page 12 to remove certified mail and make it regular mail. Town Manager Labadie explained that the language was included in the ordinance. MOTION: Vice Mayor Babb move to request that the Town Manager and Town Planner invite the firm from the City of Boca Raton as a presentation. Commissioner David seconded the motion, which passed (5-0) unanimously. Commissioner Gossett -Seidman stated that there has been some concern with Commissioners attending advisory board meetings. Town Attorney Torcivia provided input and stated that it was at the liberty of the Commissioners to decide which meeting the information was presented. Commissioner David stated that she does not see an issue with Commissioners attending meetings as long as they do not speak. Town Manager Labadie stated that while there is caution in Commissioners participating at meetings, it does not mean they cannot attend meetings. He also wanted clarification on what information the Commissioners were looking for during the meeting. Vice Mayor Babij asked if there are multiple firms. Town Planner Ingrid Allen replied yes. He asked what do the Town Manager and Planner think about inviting the consultant from the City of Boca Raton to come and present. Commissioner Gossett -Seidman stated that she agrees with Vice Major Babij. Mayor Zelniker explained that Commission was crossing into the Town Manager's responsibility. Town Manager Labadie explained that he does not have a problem reaching out to the firm and getting information on their expertise. Town Commission Regular Meeting Minutes January 7, 2020 13 of 20 Commissioner Donaldson explained that there is a need to engage in some research with some expertise to give some input on how to craft an Ordinance. He also stated that they are looking for orientation from someone to get an idea of what the group does as well as a request for proposal (RFP) for continuing services to evaluate. Town Manager Labadie explained what the consultant would be able to bring forth as far as information. He also explains his inability to hold on certain wording and ability to limit the scope of engagement in the interim period while the Town takes a look at everything. Mayor Zelniker explained that the commission needs to be careful as they are only to advise the Town Manager of what they would like to do and wait for him to come back with his suggestions with the Town Planner. Town Manager Labadie clarified with the Commission what was expected as far as obtaining a consultant/expert. Discussion ensued about what the firms do and a future presentation for Commission. Town Manager Labadie explained that a formal motion was not necessary and that he will bring a presentation to Commission at a future meeting. B. RESOLUTION NO. 20-001 / DECLARATION OF UNITY OF TITLE FOR 4425 TRANQUILITY DRIVE A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING A DECLARATION OF UNITY OF TITLE SUBMITTED BY BRENDA D. BERCH AND ERIC M. BERCH FOR LOTS 9 AND 10 LOCATED AT 4425 TRANQUILITY DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Zelniker read the title of Resolution No. 20-001. Town Manager Labadie introduced this item. The property is zoned Residential Single Family (RS) with a future land use designation of Single Family and consist of two lots which were combined in 2019 by the property owners. The Palm Beach County Property Appraiser has already combined the properties on their end. The property owners are requesting a Declaration of Unity of title combining lots 9 and 10 at 4425 Tranquility Drive. Commissioner David was supportive of this item and stated they should approve it. Commissioner Donaldson had no comments. Commissioner Gossett -Seidman was supportive of this item. She stated that she is in favor of the combing of the property to create a larger estate. Vice Ma oar Babij was supportive of this item and stated they should unify the properties. Mayor Zelniker stated that she agrees as well. Town Commission Regular Meeting Minutes January 7, 2020 Page 14 of 20 MOTION: Vice Mayor Babij moved to approve Resolution No. 20-001. Commissioner Donaldson seconded the motion, which passed (5-0) unanimously. C. RESOLUTION NO. 20-002 / 2020 REVISED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY PLAN A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING AND ADOPTING THE 2020 REVISED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY PLAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Zelniker read the title of Resolution No. 20-002. Town Manager Labadie introduced this item. He stated that the overarching county mitigation plan has been modified. The Town wishes to qualify for Hazard Mitigation Grants. He stated that this allows them to approve and follow the county plans which with then allow them to qualify for the County Mitigation Grants. He stated they would have to be the same page with the county, or they would not qualify. Commissioner David stated they should just agree. Commissioner Donaldson asked how the Town was doing on photo documenting the assets including photographing conditions of structures, equipment etc., in regard to a photo journal. Town Manager Labadie stated that he will look into this. Commissioner Donaldson stated that he became aware that these documents were difficult to keep tract of when he went to the Florida League of Cities. Commissioner Gossett -Seidman stated that she was all good with it. Vice Mayor Babii stated that he was all good with it. Mayor Zelniker stated that she does not see a problem with it otherwise they would put the town in jeopardy. Mr. John Ross asked about the document. Town Manager Labadie explained that a copy will be provided. He stated that it is a good idea to read prior to approving and that it is required to make it available to the public. Commissioner David expressed the urgency as a decision needed to be made prior to the next scheduled commission meeting on January 21, 2020. MOTION: Commissioner David moved to approve Resolution No. 20-002. Commissioner Donaldson seconded the motion, which passed (5-0) unanimously. Town Commission Regular Meeting Minutes January 7, 2020 Page 15 of 20 10. CONSENT AGENDA A. There were no Consent Agenda items. 11. UNFINISHED BUSINESS A. There were no Unfinished Business items. 12. NEW BUSINESS A. Application 19-0006 / (Jeffrey Norman, Stuart Olsten) / 2352 South Ocean Blvd. Consider an Application by Jeffrey Norman, representing Stuart Olsten, for approval of a new 150 square foot marginal dock, installation of a new seawall and seawall cap and installation of new batter piles located at 2352 South Ocean Boulevard. PUBLIC HEARING: (Quasi -Judicial Hearing) Mayor Zelniker read the title of Item 12A. Town Clerk Gaskins swore in the individuals who would be speaking on this item. Mayor Zelniker asked the Commissioners to disclose any Ex Parte communication. There was no Ex Parte communication. Commissioner Gossett -Seidman stated that she drove by the property and looked at it while on a boat. Town Planner Ingrid Allen introduced this item. At the December 12, 2019 meeting, the Planning Board approved this item on a 6-0 vote. She explained that the sea wall component is before Commission for consideration. Commissioner David asked if this was directly on the intercostal. Commissioner Donaldson stated that he did not have any question. Commissioner Gossett -Seidman stated that she looked at it and it did meet the codes and that they did a great job on this. Vice Mayor Babii he stated that he liked it and that it looked really good. Mayor Zelniker stated that as long as the Town Planner and the Planning Board are ok with it, she is on board with it. She invited the applicant to the podium. Joseph Giglio (PH) from C-Tech Construction stated that he hopes the project adds some value to the community. Town Commission Regular Meeting Minutes January 7, 2020 Page 16 of 20 MOTION: Vice Mayor Babij moved to approve Application No. 19-006 as presented. Commissioner Gossett -Seidman seconded the motion, which passed (5-0) unanimously. B. Discussion on Proposal for Boat Setbacks. — Vice Mayor Babij (THIS ITEM WAS MOVED TO ITEM 9AA UNDER ORDINANCES AND RESOLUTIONS) C. Discussion on Designating One Commissioner or One Advisory Board Member to the Negotiation Team for the Collective Bargaining Union contract. Mayor Zelniker read the title of Item 12C. Town Manager Labadie introduced this item. He provided a brief overview of how Vice Mayor Babij who was the chairperson of the Financial Advisory Board (FAB) was previously designated to take part on the negotiation team for the development and eventual approval of the union contracts. This discussion is to determine if a member of the Commission or an Advisory Board will be appointed to take part in the forthcoming collective bargaining agreement. Commissioner David stated that she recommends Doug Hillman, Chairperson of the Financial Advisory Board be appointed to the negotiation team. Commissioner Donaldson stated that he would like to see the Chairperson of the FAB continue to be appointed. Town Manager Labadie stated that if that is the case Mr. Stern is the Chairperson while Doug Hillman is the Vice Chairperson of the FAB. Commissioner Gossett -Seidman asked if with the appointment of Doug Hillman as Mayor of the Town will a conflict be presented if he holds the position of being on the negotiation team. Town Manager Labadie explained that it could be beneficial with him being a board member and becoming Mayor. Vice Ma,, obi, stated that he agreed with Commissioner David and believed that Doug Hillman is the perfect person for the position as he provides the best of both worlds. Mayor Zelniker agreed that Mr. Hillman is qualified. She reminded everyone that Vice Mayor Babij took that position during a difficult time and has the experience. MOTION: Commissioner David moved appoint Mr. Douglas Hillman to the negotiation team for the forthcoming collective bargaining negotiation team. Vice Mayor Babij seconded the motion, which passed (5-0) unanimously. D. Discussion of Waste Management Contract Extension. Mayor Zelniker read the title of Item 12D. Town Manager Labadie introduced this item. He indicated with the impending expiration of the five-year waste management contract, there are two options as it relates to the solid waste contract: Town Commission Regular Meeting Minutes January 7, 2020 Page 17 of 20 (1) Authorizing the three-year extension clause (2) Solicit Request for Proposals. Upon review of the contract, staff strongly suggested full consideration be given to the three-year extension. Then then provided details of what the three-year extension would include. Commissioner David stated that we are in a good position to leave it how it is stated in the contract. Commissioner Donaldson stated that he was familiar with the contract and does not have any problem with extending it. He did question Waste Management's participation in the town's events. Town Manager Labadie explained that Waste Management wanted their inclusion in the Towns events written into the contract and they could be added into the extension clause. Commissioner Gossett -Seidman no problem with the extension. She asked why do we have so many various sizes of collection points and how do other cities handle this. Town Manager Labadie explained. She stated the company had to manufacture containers for some of the buildings. The unique sense of place. She stated we should extend the contract. Vice Mayor Babij, they asked to move to a trash/water/sewer index, and he explained. He indicated that we should definitely stick with the index in the contract. He provided comments about the various waste management vendors that attend the Annual Florida League of Cities conference. Mayor Zelniker asked when the garbage trucks stop along AIA, and the vehicles go around their vehicle can one of the men direct traffic for. Town Manager Labadie stated that he will reach out to Waste Management to see if there are improvements that could be made. Mr. Ross provided comments about competitive bidding, and waste management being a tax. He also discussed how damages should be assessed. He stated that the secret to getting the best price is to bid. MOTION: Commission David moved that the Waste Management Contract Extension by three years with the current terms. Commissioner Donaldson seconded the motion, which passed (5-0) unanimously. Commissioner David stated that the lowest price is not always the best. She stated that she believed most people in the town are happy with the garbage collection. Commissioner Donaldson stated that there was a possibility of a more expensive contract if the town were to bid for RFPs. Commissioner Gossett -Seidman stated that there is only one other municipality that requires three men on the truck and that is Gulf Stream. She stated that this is due to their narrow roadways. She stated that is the Town went with another company they would have to remanufacture the binds. She stated that she thinks the Town should move forward at this time. Vice Mayor Babii stated that he takes John Ross's comments seriously because other people money is involved. He asked if it there was a risk of losing the current terms if the Town chose to RFP the contract. Town Manager Labadie stated that he does not have legal weigh in on it. Town Town Commission Regular Meeting Minutes January 7, 2020 Page 18 of 20 Attorney Torcivia weighed in stating that there would be possibility that waste management could say no to excepting a contract with the Town after the Town went out for bid. He also stated that he felt the Town was getting a great deal. Commissioner David also weighed in with the price comparison between the Town and that of Gulf Stream. Town Manager Labadie elaborated on the difference in price and services. Mayor Zelniker stated that she has not had an issue with the garbage services in the 20 years she has lived in Highland Beach. Mr. Hillman remarked that he did experience an issue with the trucks and oils spills coming from the trucks. They came out to assess the spills and wrote a check for $6,500 to pay for the spills. Mr. John Shoemaker Highland Beach Club stated that this has been a great meeting. One key thing he wanted to highlight was in regard to RFP's, they are always the way to go. The risk are the terms. He stated that for there to be not one complaint, is unbelievable. From a price point of view, it is pretty competitive and there is a cap. With the track record that is good. What is the instance of damage? He referenced Doug Hillman's testimony and stated that he understands that. He then stated that it should be approved. E. Advisory Boards and Committees Interview and Consideration to Nominate One Member to serve on the Financial Advisory Board for an unexpired term ending April 30, 2021: Mayor Zelniker read the title of Item 12E. Board Application: Richard Greenwald - Subdivision: Bel Lido Community INTERVIEW: Mayor Zelniker called Mr. Richard Greenwald, to the podium. Mr. Greenwald of Tranquility Drive stated although it may be easy to sit and make comments, if a person is going to do that, they should put the time in and serve. He thinks that this advisory board is a great fit for him to serve on. Mayor Zelniker stated that she appreciated that he had been coming to their meetings for over a year now. Commissioner David stated that she has no questions and he will be a good addition to the board Commissioner Donaldson also had no questioned and will be a good addition to the board. Commissioner Gossett -Seidman explained that Mr. Greenwald served on the Boca Raton Regional Community Hospital. She stated she would like to move him forward. Town Commission Regular Meeting Minutes January 7, 2020 Page 19 of 20 Mr. Greenwald stated that he is willing to answer any questions that anyone has for him. Vice Mayor Babij commented that Mr. Greenwald have the attributes to be on the board. Mayor Zelniker stated that because of his calm demeanor he will be a great asset. MOTION: Commissioner Gossett -Seidman moved to Appoint Richard Greenwald to the Financial Advisory Board to serve an unexpired term ending April 30, 2021. Commissioner David seconded the motion, which passed (5-0) unanimously. 13. PUBLIC COMMENTS AND REQUESTS — AGENDA ITEMS ONLY There were no public comments. 1 1 U I_ �-Rea 1]a_C► A. Commissioner Evalyn David had nothing to report. B. Commissioner Barry Donaldson mentioned that today it is his one-year anniversary with the Town Commission. C. Commissioner Peggy Gossett -Seidman suggested reminding residents what should and should not be put out to curb for Waste Management to pick up. D. Vice Mayor Greg Babij had nothing to report. E. Mayor Rhoda Zelniker wished everyone a Happy New Year and reminded everyone to think of the troops going to Iraq. She also provided comments about Community Greening. She also commented on the wake zone problem. 15. TOWN ATTORNEY'S REPORT Town Attorney Torcivia reported that the legislation was in session. 16. TOWN MANAGER'S REPORT Town Manager Labadie stated that they will try to work on the wake zone. He reported that there are five requests for proposals in progress. Crosswalks are coming and is off the ground. He discussed when the bids would be advertised and opened. He also mentioned that Regency, Coronado, and Highland Beach Club have expressed interest in flags. He stated that the flags should help with the visibility. Lastly, he stated that the Census is coming, the information has been put out to condos, and would like the full participation. Town Commission Regular Meeting Minutes January 7, 2020 Page 20 of 20 17. ADJOURNMENT There being no further business, Mayor Zelniker adjourned the meeting at 4:39 P.M. APPROVED at the May 5, 2020 Virtual Town Commission Meeting. r ATTEST: Gld L da Gaskins, MC, Town Clerk 1g:05/01 /2020 Mayor Transcribed by Ganelle Thompson, Administrative Support Specialist May 5, 2020 Date