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2020.02.04_TC_Minutes_RegularTOWN OF HIGHLAND BEACH • TOWN COMMISSION MEETING MINUTES 1.0 Town Hall / Commission Chambers Date: February 04, 2020 3614 South Ocean Boulevard Time: 1:30 PM Highland Beach, Florida 33487 1. CALL TO ORDER Mayor Zelniker called the meeting to order at 1:30 P.M. 2. PRESENT UPON ROLL CALL Commissioner Evalyn David Commissioner Barry Donaldson Commission Peggy Gossett -Seidman Vice Mayor Greg Babij Mayor Rhoda Zelniker Town Attorney Glen Torcivia Town Attorney 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 troops abroad. 4. ADDITIONS, DELETIONS, AND APPROVAL OF THE AGENDA Mayor Zelniker added a "Discussion about the incident that Mr. Goldstein described at the January 21, 2020 Commission (a horrific experience his son and granddaughter experienced regarding a Nazis related incident). She commented that she was approached by numerous people in the audience and in the community that wished Commission would discuss the event. She said that as policymakers, the matter must be given the appropriate attention it deserved. Thereafter, the matter was placed on the agenda as an agenda item, which immediately following Item 7., Public Comments and Requests on Non -Agenda Items. All Commissioners were in favor of adding the new item to the agenda. Commissioner Donaldson asked should the order of business for Items A and B under New Business be reversed or remain as is. Commission Meeting Minutes Date: February 04, 2020 Page 2 of 16 Commissioner Gossett -Seidman mentioned that Town Clerk Gaskins suggested she be a contact point for Community Greening, which she said was not necessary. She recommended that the project be assigned to the Natural Resources Preservation Board. Item 12A - Approve and Authorize Commissioner Gossett -Seidman to interact with Community Greening, a non-profit organization, for the purpose of raising awareness in Highland Beach to improve the environment, and Item 12B - Discussion on mutually partnering with Community Greening, Inc., a Non -Profit Organization, Commissioner Gossett -Seidman, under New Business was removed from the agenda. MOTION: Commissioner Donaldson moved to approve the agenda as amended, seconded by Commissioner David, which passed (5-0) unanimously. 5. CIVILITY PLEDGE Town Clerk Gaskins read the Civility Pledge. 6. PRESENTATIONS / PROCLAMATIONS There were no Presentations / Proclamations. 7. PUBLIC COMMENTS AND REQUESTS NON -AGENDA ITEMS ONLY Mayor Zelniker opened Public Comments allowing each speaker to speak for five minutes on non - agenda items. Carol Wittenberg of 3912 S. Ocean Blvd. explained that on November 18, 2019, she and her husband homesteaded in Highland Beach, after seven years. She commented about Mr. Goldstein's painful recount involving his son and granddaughter's horrific experience with the Nazis incident, which was one and a half -mile away from her home. She said she was horrified, incredulous, saddened, and disturbed by it. She spoke about the following: Dachau and Treason, World War II concentration camps and their final message at the field, a news report that she saw on antisemitism in Boca Raton involving a young Jewish boy, and a news article in the Sun -Sentinel written by Lois Solomon, about a 16-year-old vice in Boca Raton. She mentioned that January 27, 2020, was the 75t' Anniversary Liberation of Auschwitz-Birkenau and that in 2005, the United Nations General Assembly designated January 27t' as the Annual International Holocaust Remembrance Day. She commended Mr. Goldstein, Lois Solomon, and the Sun Sentinel for coming forward and reporting the vicious acts of hatred. Fred Rosen of Braemar Isle thanked Commissioner Gossett -Seidman for her efforts in working with Tallahassee. He mentioned the town currently had an ordinance that stopped construction work on Saturdays and on holidays. He asked the Commission to consider discussing or putting the matter on the agenda for the next meeting, allowing low impact contractors such as electricians, plumbers, and painters exception. He said that as far as A 1 A was concerned, he suggested allowing contractors to come in for low impact projects as long as they park in the driveways along AIA. Commission Meeting Minutes Date: February 04, 2020 Page 3 of 16 Paul Resnick of 4740 S. Ocean Blvd., Braemar Isle commented the he would like assistance from Commission in getting something done about pilings in the Boca Highlands/Grand Cay community. He explained that the Grand Cay community consisted of single-family homes, and the residents living on the north side of Braemar Isle had been looking at ten 35 to 40-foot pilings behind a house. He said the project were the pilings are located had been going on for approximately one year to 18 months. He advised that he had spoken with the Building Department regarding the matter to no avail and asked Commission if they could direct the Building Department to finish it or have the pilings pulled from the water. John Shoemaker of the Highland Beach Club provided comments about spending countless hours reviewing the 2018 and 2019 audio/video Commission meetings. He said the effectiveness of the videos were excellent and helpful. Secondly, he gave Commissioner Gossett -Seidman a lot of credit, seeing from John Ross's report, of how effective she had been in going to Tallahassee and receiving money. He congratulated her. He thanked Richard Pollack for providing him with some contact information related to homelessness. Mr. Shoemaker presented an extensive report about his research related to homelessness. He explained that he had spoken with Population Specialist Ariana Ciancio and Education Coordinator Janet Meeks both from the City of Delray Beach, Mr. Krieg (phonetic), and the local manager from Goodwill Industries and Director of Housing Initiative. He also explained that the main issue was that homelessness was not a crime, which was a problem because no one knows what to do. He said there were no ordinances, and that politically there was a huge problem with writing anything down. He said that most homeless people in Delray Beach were longtime residents who were mostly over the age of 65 and that they have rights. He also explained his conversation with Mr. Krieg about homelessness. He said you could not arrest the homeless using the police department to solve the problem. However, the police could facilitate and transport to facilitates that could help homeless people. The tactic today is to keep the homeless moving. Mr. Krieg suggested that whoever designs the Milani Park had to take into consideration critical things such as lighting, landscaping, and the facilities. He advised that as a practice, the homeless tend to cluster. They were concerned about medical support, and they had a medical van. He advised that on the third Wednesday of every month, they have a meeting at St. Mathews Church in Delray Beach. The Commissioners thanked Mr. Shoemaker for his report. Mayor Zelniker provided comments about veterans, homelessness, mental illness, and drug use. Mr. Shoemaker commented about mental illness and veterans. Commission Meeting Minutes Date: February 04, 2020 Page 4 of 16 8. ANNOUNCEMENTS Mayor Zelniker read the announcements as follows. 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, and One vacancy for an unexpired term ending August 1, 2021 3. Financial Advisory Board One upcoming vacancy for an unexpired term ending April 30, 2022 B. Meetings and Events 1. Planning Board Meeting February 13, 2020 9:30 A.M. 2. Town Commission Meeting February 18, 2020 1:30 P.M. 3. Town Hall Closed: February 17, 2020 — in Observance of President's Day C. Board Action Report 1. N one. 9. ORDINANCES AND RESOLUTIONS A. ORDINANCE NO. 20-001 / AMENDING CHAPTER 6, BUILDING AND STRUCTURES, ARTICLES V "SEAWALLS: BULKHEADS; RETAINING WALLS" AND AMENDING CHAPTER 30 "ZONING," ARTICLE IV "ZONING DISTRICTS (SECOND READING) AN ORDINANCE 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. (FIRST READING WAS JANUARY 7, 2020) Mayor Zelniker read the title of Ordinance No. 20-001. She introduced this item and indicated this was the second reading. Commission Meeting Minutes Date: February 04, 2020 Page 5 of 16 Commissioner David inquired about how far this can go back and how we can go again. She explained when looking at the item, she noticed that there were a few changes made, and most of the changes had to do with giving the authority to the Planning Board to make the final decision. She said a lot of what is in the ordinance is already applicable, and yet there were some things such as the marina problem at Grand Cay (Braemar Isle), that did not seem to have followed a lot of this. She asked how we could go back to find out what was written in the permit and why the regulations in place were not being followed. She indicated that she had no problem with this ordinance and giving control to the Planning Board. Commissioner Donaldson was in favor of this ordinance, as presented. Commissioner Gossett -Seidman was for this ordinance. She indicated that the Commission had been talking about this ordinance since March of 2018. She mentioned there was prior discussion to retain a Marina Specialist to review plans. She asked Town Manager Labadie where we were on this. Town Manager Labadie replied, yes, and explained that he would give an update on 1006 Grand Court with the Manager's Report. The marina facilities expert is in place. Commissioner Gossett -Seidman provided remarks about a visit from the head of the Army Corp of Engineer who suggested surveying the two lakes in town, which are owned by the Town of Highland Beach and stated that it is something we can maybe work on in the future. She indicated that she was glad to get this ordinance rolling. Vice Mayor Babii was happy with the ordinance and glad to be doing the second reading. Mayor Zelniker agreed and indicated that the ordinance was discussed ad nauseam. Commissioner David indicated that there was a typo on page 12 at the top of the page in Section (b) - Proposed perpendicular docking and related accessory marina facilities will reasonably deny, etc. This section should include the word "not" after will and should read as follows Proposed perpendicular docking and related accessory marina facilities will not reasonably deny, etc. Mayor Zelniker opened the item for public comments, and hearing none, she closed the public comments. MOTION: Commissioner David moved to adopt Ordinance No. 20-001 as amended. Vice Mayor Babii seconded the motion, which passed (5 to 0) unanimously. Commission Meeting Minutes Date: February 04, 2020 Page 6 of 16 B. ORDINANCE NO.20-002 / STREET PARKING AN ORDINANCE 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. Mayor Zelniker read the title of Ordinance No. 20-002. She mentioned this was the first reading and that Commission discussed this ordinance many times. Commissioner Gossett -Seidman explained that she voted no the last time this was discussed. Since then, somethings had come to light, and she wanted to share them. She proceeded to explain that there were four surveys on parking: one by the Town, two by residents including the Bel Lido Association, and by Vice Mayor Babij. She advised at the last meeting, the survey by the Bel Lido Board was not conclusive, it was tabulated. It was just hearsay and talk. Therefore, she was not happy to move forward at the time, until she had received clarification. She indicated she was pleased to report that she had a number on the survey, which coincides very closely with the numbers on the other surveys. She said they basically uphold this as written, with just a few areas of question: 1) the cul de sacs and 2) the mailboxes. These are two areas that get clogged up. She spoke about the 15 feet federal law related to mailboxes and mentioned that our states do not block mailboxes. She also spoke about the two new mail carriers and deliveries, the results to the Bel Lido surveys, which the no, in general, were geared towards the overnight parking and RV parking on the streets. The majority of the people do agree with the Town's original survey. She was in favor of moving on. She mentioned that she found an old 2008 parking ordinance. Lastly, we started working on this since April of 2018, it was brought up again in May, October, November, and December of 2018, and again in June of 2019. She stated she was pleased with the majority rules on this. Vice Mayor Babij stated it should be moved forward. He said it is what the Police Chief and Town Manager recommended. He was in favor of the ordinance. He said he understood the 15 feet federal setback on mailboxes and did not think we should do that. The ordinance could be edited later if there is an issue. Commissioner Donaldson was good with the ordinance in the current form. Commissioner David explained that it did not matter if the 15 feet was added to the ordinance or not because we are still subject to it. Federal regulations trumped Highland Beach. She was happy with anything short of banning all on -street parking. There are only four areas that it applies to in this town, and two of them are irrelevant because it is either driveways or mailboxes. She said as for the other two streets, if people do not like it, let them do it street by street as long as it is reasonable. Let them decide within their own neighborhoods what they want and what they do not want. She inquired about Section 16.7 - "Commercial vehicle parking on private property," Section Commission Meeting Minutes Date: February 04, 2020 Page 7 of 16 (b) applies to taxis and limos. She asked if this would stop taxis and limos from picking people up after 6 P.M. and before and 8 A.M. because she does not want to stop limos, ubers, and taxis from picking them up. Town Manager Labadie explained this was related to when parked permanently at one's home; it can not be visible from the street. If they are picking you up for whatever reason, that is not it. Commissioner David suggested clarifying, so people do not get the wrong idea, and they know that it is parking permanently or overnight as opposed to standing and waiting. She mentioned putting in the word "unintended." Mayor Zelniker opened this item for public comments and hearing none, she closed public comments. MOTION: Vice Mayor Babii moved to approve Ordinance No. 20-002 with amendments, as stated. Commissioner Gossett -Seidman seconded the motion, which passed (5 to 0) unanimously. Vice Mayor Babii requested to make a motion to cancel the proposed survey of the Bel Lido Homeowners Association, which was put forward at the last meeting or make sure it is canceled, so we do not leave the Town Manager in a peculiar state not knowing what to do. Town Manager Labadie asked the Commission for a general nod not to pursue with the survey. All Commissioners responded yes. Commission Meeting Minutes Date: February 04, 2020 Page 8 of 16 10. CONSENT AGENDA A. Nomination to Appoint Michael Cherbini as a member to the Code Enforcement Board to serve an unexpired term ending May 28, 2022. Mayor Zelniker introduced this item and explained that Mr. Cherbini came before Commission for an interview for the Board of Adjustment and Appeals Board at a previous meeting. At that time, all Commissioners agreed Mr. Cherbini was very good. She stated Mr. Cherbini switched and is now applying for the Code Enforcement Board. Commissioner Gossett -Seidman noted Mr. Cherbini interviewed for the Planning Board. Mayor Zelniker opened the item for public comments, and hearing none, she closed the public comments. MOTION: Commissioner Gossett -Seidman moved to appoint Michael Cherbini to the Code Enforcement Board to serve an unexpired term ending May 30, 2022, seconded by Commissioner David, which passed (5-0) unanimously. 11. UNFINISHED BUSINESS There were no Unfinished Business items. 12. NEW BUSINESS A. Approve and Authorize Commissioner Gossett -Seidman to interact with Community Greening, a nonprofit organization for the purpose of raising awareness in Highland Beach to improve the environment. (THIS ITEM WAS REMOVED FROM THE AGENDA). Mavor Zelniker read the title of Item 12B. B. Discussion on mutually partnering with Community Greening, Inc., a Non -Profit Organization Commissioner Gossett -Seidman Commissioner Gossett -Seidman introduced this item. She explained the idea to adopt a proposed resolution would give the organization and the Town the benefit to go after state and federal funding. The follow up should be the Natural Resources Preservation Board. The organization will be coming to our Spring Fling, and if we have something that shows, we have a mutual working arrangement, and it benefits everyone. That was my proposal. She asked Town Clerk Gaskins if she prepared the resolution, and she responded the resolution was not prepared because the content was needed to prepare the it. Commissioner Gossett -Seidman proceeded to explain that it would be a mutual working agreement to promote a better tree canopy within the community and have a mutual understanding that we are working together on future grants and funding. Commissioner David noted it would not cost us anything, make our town a little greener, and it will help us get money to do that. She was in favor of this item. Commission Meeting Minutes Date: February 04, 2020 Page 9 of 16 Commissioner Donaldson noted that he was having a hard time about this. He explained that he put a lot of sweat and tears into trying to help the Town improve itself and is having a difficult time feeling like this particular group is a good fit for this town. He had no objections to their goals and what they were trying to do. He said he did not think the organization was a good fit for Highland Beach. Vice Mayor Babjf asked Commissioner Donaldson if there were other groups they should be looking at? Commissioner Donaldson explained it was proper for the Natural Resources Preservation Board to be looking at these types of things. He commented about the referendum and the majority of the public land on AlA. He said at the right time, the topic needed to be reintroduced along with greening 1, side rode improvement, right of way bike issues, etc. and that we needed a more comprehensive idea about what we were looking at. He mentioned that he did not object to the organization, but with emphasis on undertaking some of these programs on public land, we had little to offer, and that when it came to communication and interface with schools, we had no schools to offer. He said he would like the Natural Resources Preservation Board to think a little broader in terms of what is coming down the pike for them and the Planning Board. He said we need to put our energies on how we are going to fund those things as well as interface on those things. Mayor Zelniker mentioned the Town is very small, and there are ordinances on the books that are not followed. When houses are built, a tree that is taken down is supposed to be replaced. She said we are small, and there is not much they can do here in Highland Beach. What they want is a resolution that we support them, and that is what we really do. We support any effort that helps the environment. She stated that she had no problem if the Commission decided to put together a resolution supporting them. Commissioner Gossett -Seidman noted that she drafted this for Ms. Gaskins, but it did not make it to the dais, and it says "A resolution of the Town Commission of the Town of Highland Beach, Florida recognizing Community Greening, as a non-profit organization, raising awareness in area municipalities as a collective effort to improve our environment for people and nature, and to create sustainable green spaces, and a vibrant tree canopy to equitably strengthen our environment, economy, society, and health." She stated that there is no allocation of funds. If we decide, I am fine with giving this to the Natural Resources Preservation Board if they would like to look into other organizations. This is an effort that could provide us with guidelines if someone demolition a home and remove and replace natural trees similar to xeriscaping trees, low maintenance, low water, and highly reliant to storms. She suggested a guideline. Mayor Zelniker explained that it is very clear in the Town's ordinance. We need to go in some direction, whereby we do not clear a lot down to the bare earth. The discussion continued about guidelines for trees. Mayor Zelniker opened the item for public comments. Mr. John Ross of Casuarina provided comments about the RRR project. He stated it is always nice to plant trees. Commission Meeting Minutes Date: February 04, 2020 Page 10 of 16 Mr. Douglas Hillman of Dalton Place mentioned it is a great project, and canopying more of the Town is a great idea/program. He said turning this over to the Natural Resources Preservation Board is clearly a great idea and is an excellent assignment for the board to look for other organizations that we might partner with. He said the thought of endorsing Community Greening with a resolution does not hurt. He also mentioned that this should be part of the Town's five-year plan. We should be thinking long-term plan, and how does it fit into what we foresee long-term for the Town. What organizations fit into what our vision is and what is our vision. Where does it fit into our five-year plan and how do we fund it, what cost are we looking at, and which organizations. That then fits into not just the environmental board, it also then flips over to the Financial Advisory Board and the Planning Board. This is part of the Town's five-year plan. Ms Kathurina Braun a member of the Natural Resources Preservation Board, explained the board could get the information and prepare for the next meeting. In addition, she told that she understood that this organization is looking at what belongs in Highland Beach, what should be planted, what is right here, and what is wrong here so that in a hurricane situation, the wrong trees are not ripped off. What goes with the five-year plan and living on the ocean, it would also be then part of the whole deal to know, to inform, and to enforce what is planted on the beach. There are a lot of invasive species on the beach that does not help preserve the beach. If we do something in a five-year plan or what is right or wrong on the street, we should include the beach. She stated she wishes to include this in the Natural Resources Preservation Board discussion. Mayor Zelniker closed the public comments. Commissioner Gossett -Seidman commented that it is our job to task the boards with direction. She asked if it would be possible today to task the Natural Resources Preservation Board with looking into an overall green policy. Could we task them with general policy reviewing the ordinance and going forward with a green effort? In the meantime, folding that into a five-year plan with the Planning Board and the Commission. The Natural Resources Preservation Board is a very valuable board. MOTION: Commissioner Gossett -Seidman moved to task the Natural Resources Preservation Board with looking into an overall greening effort going forward and folding it into, in the long-term five-year plan but encouraging and encouraging our residents plus adhering to the ordinances to give us some kind of a guideline for a green plant and looking at this organization and possibly others and giving us an assist on that. Commissioner Gossett -Seidman restated her motion as follows: "I make a motion to task the Natural Resources Preservation Board with looking into our overall green effort, and existing ordinances, and future plans and working with Community Greening and any other they see fit." Commissioner David seconded the motion. Vice Mayor Babii stated he was certainly in favor of considering groups like the community group. It is overreaching to tell people what they have to do with their trees and property. That is a horrible idea. He explained the reasons why people remove trees from their property. The Town should not be telling people what trees they should and should not have on their property. He stated he was against telling people what trees they can and cannot have on their property. If you want to look at having a recommended list or something similar, that is fine. Commission Meeting Minutes Date: February 04, 2020 Page 11 of 16 Commissioner David stated she disagreed with the Vice Mayor when it comes to what is planted on the dunes on the beachside. There we should have the right to tell people they cannot plant certain kinds of things. Encourage them to plant others, specifically saying you cannot plant invasive species because it destroys our beach. Vice Mayor Babii replied he was 100% in agreement with that. He spoke about his experience with replacing the dunes in a previous community. He stated Ron Barron is a great guy who seems to know about every plant on the beach. Commissioner David said she agreed with the Vice Mayor. You cannot tell people they can or cannot plant in their backyards. That it should just be a suggested. Commissioner Donaldson indicated that he does not want the Commission to get ahead of itself because it relates back to the Comprehensive Plan. He stated that he views this more of a general mandate. Mayor Zelniker explained that some of the ordinances are old must be updated and that maybe the Natural Resources Preservation Board can review the ordinances. Ms. Braun provided (inaudible) comments. Commissioner Donaldson provided comments about the last RRR project. He stated that let us not under simplify what that undertaking is for Highland Beach. Vice Mavor Babii asked for the motion to be reread. MOTION: Commission Gossett -Seidman restated the motion as follows: basically, a resolution that the Commission would authorize the Natural Resources Preservation Board to look into updating our current ordinances and reviewing green trees and spaces for the future resident that they are reminded of what they are required. She also stated to review our green ordinances and tree canopy and work with Community Greening and or other organizations to improve the health and wellbeing of the Town. The motion passed (5 to 0), unanimously. Mavor Zelniker read the title of Item 12C. C. Approve and Authorize Commissioner Gossett -Seidman to attend the 2020 Florida League of Cities Legislative Action Days on February 11, 2020, through February 12, 2020, in Tallahassee, Florida, and approval to attend any future meetings related to the 2020 Legislative Action Days. Commissioner Gossett -Seidman Commissioner Gossett -Seidman introduced this item. She explained next week is the official Palm Beach County Legislative Action Days. There were about a dozen senators and legislators that she was not able to see during her last trip. Additionally, she requested a meeting with the President of the Senate, who, with the Speaker of the House, is ultimately responsible along with the Governor's final signing of the request for funding. One request has gone through, and the other request is pending. Commissioner David stated that Commissioner Gossett -Seidman is uniquely positioned and capable of dealing with our legislator. She suggested Commissioner Gossett -Seidman do this for the years 2020 and 2021 Legislative Days because she is good at this, she enjoys it, and she can use her connections. Commission Meeting Minutes Date: February 04, 2020 Page 12 of 16 Commissioner Donaldson stated that there are a great number of legislative items being proposed that affect home rule. We certainly need a presence like Commissioner Gossett -Seidman and was in favor of sending her to Tallahassee. Vice Mayor Babii echoed Commissioner David's comments. Mayor Zelniker was also in support of Commissioner Gossett -Seidman. She stated Commissioner Gossett -Seidman is very good at this. Mayor Zelniker commented about the legislation about Airbnb and inquired about the vote. Commissioner Gossett -Seidman explained when the dates are usually set and mentioned that she checks frequently. Discussion ensued about the state's desire to supersede municipalities and overriding condominiums regarding Airbnb's. Mayor Zelniker said they would like Commissioner Gossett -Seidman to keep an eye on this. Town Manager Labadie clarified that Commission would like to see Commissioner Gossett -Seidman advocate in opposition to that house bill that state preemption to our short-term rental or vacation rental. Mayor Zelniker replied, "yes." Commissioner Gossett -Seidman stated that for Airbnb, we could have Town Manager Labadie draft a letter that she could pass out because emails are sometimes deleted. Walk-in with a piece of paper and hand it to them, it goes along way. Mayor Zelniker mentioned that she sent an email and asked if everyone received the information, she posted about Airbnb. This is very important for our town and every one small municipality. Commissioner Gossett -Seidman stated she has been working this as best as she can, and she does have contacts. She inquired about Manager Labadie's comment, the town manager's report regarding the actual specifics of the current requests with the color of lights. She asked Manager Labadie if he would give an update now or later? Manager Labadie indicated that he would provide an update during his report. Commissioner Donaldson asked if we were allowed to extend a period of time like that, or do we have a one year limited on Commission actions? Town Attorney Torcivia explained that the Commission could extend it. However, the more conservative approach would be to take it one year at a time, but there is nothing illegal with extending the period for two years. MOTION: Commissioner David moved that we approve and authorize Commissioner Gossett - Seidman attending the Florida League of Cities Legislative Actions Days both for 2020 and 2021. Commissioner Donaldson seconded the motion, which passed (5 to 0) unanimously. D. Approval of Meeting Minutes October 3, 2019 - Regular Minutes October 15, 2019 - Regular Minutes November 5, 2019 - Regular Minutes November 19, 2019 - Regular Minutes December 3, 2019 - Regular Minutes Commission Meeting Minutes Date: February 04, 2020 Page 13 of 16 Mayor Zelniker read the titles for Items 12D. She mentioned that there was a change to the dates and stated that the year has to be changed. Vice Mayor Babii explained that the dates are wrong on the agenda, but the dates are right in the Minutes. Town Clerk Gaskins stated that the Minutes are all 2019 and that she would make sure the dates were corrected. MOTION: Commissioner Donaldson moved to approve the aforementioned minutes as presented. Commissioner David seconded the motion, which passed (5 to 0) unanimously. 13. PUBLIC COMMENTS AND REQUESTS - AGENDA ITEMS ONLY Mayor Zelniker opened Public Comments. Mr. Ross of Casuarina commented about Boca Raton's published list of early voting sites. He asked where the locations were for voting on election day and for voting on primary election day. He inquired about parking for the people during early voting, on election day and whether the old library site in Boca Raton, which is an early voting site, would be available for Highland Beach residents. Town Clerk Gaskins explained that all early voting sites are provided by the Palm Beach County Supervisor of Elections, and during early voting, people can go to any early voting site throughout Palm Beach County to vote and that on election day, people must go to their precinct to vote. She stated that the early voting site information would be downloaded from the Palm Beach County Supervisor of Elections website, and the information will be emailed to the public. Mayor Zelniker commented about voting at the Supervisor of Elections Office located in Delray Beach. Mr. Ross asked if voting is at the church this year? Town Clerk Gaskins responded that voting is at the church. Mayor Zelniker explained that the early voting site information should be emailed and placed on the Town's website. Mr. Hillman commented that Airbnb is short-term rentals. He also mentioned about the Vice Mayor objecting to telling people what they cannot plant. He agreed that we should never be telling people what they cannot do other than enforcing the law. However, we are in a hurricane zone, and there some trees and plants with short or high roots that do not do well in hurricane. It would possibly do damage to neighbors, and it is not advisable to plant those, and they should probably be on a no list. Also, there are shrubs, bushes that attract bees, and many of the properties are very close to one another, and if they are on the property lines that are going to invade other's space, that should be on a no list. There are certain species that are not appropriate here. He suggested that a list with the right terminology for the plants that are not appropriate. There being no further comments, Mayor Zelniker closed Public Comments. 14. TOWN COMMISSION REPORTS Commissioner Evalyn David had no comments. Commissioner Barry Donaldson monitored a webinar hosted by the Florida League of Cities dealing with the comprehensive plan and elected officials, and he recommended the webinar to the Commissioners. He took a couple of screenshots and will share at the next meeting those screenshots that were of particular interest to the Highland Beach community and how we deal with our comprehensive plan. Commissioner Donaldson thanked the following individuals: Commission Meeting Minutes Date: February 04, 2020 Page 14 of 16 Governor DeSantis for purchasing land in the Everglades; Mr. Shoemaker for the work he did on the homeless investigation, Commissioner Gossett -Seidman, and Representative Michael Caruso for the work they have done on funding requisition moved ahead, and thanks to Town Manager Marshall Labadie and staff for clearing out an incredible amount of backlogged work. Commissioner Peggy Gossett -Seidman stated regarding the trees; there is a list of dos and don'ts on the state's website. She commented about her three -page list of things that Commission started tackling 18 months ago, which is really whittled down. She also thanked Town Manager Marshall Labadie, Lanelda, and his staff Terisha. Commissioner Gossett -Seidman commented that she attended and was invited to the Place of Hope event hosted by St. Lucy's Catholic Church. There were countywide awards given to two county commissioners. Commissioner Melissa McKinley won an award for advocating for assists in human trafficking. Police Chief Craig Hartmann, County Commissioner Bob Weinroth, commissioners from Boca, Delray, and other municipalities, and businesses from all over the county attended this event. She stated as a seated commissioner; she represented the entire commission. It was very nice to see our town showcased that way. It was a really nice event. Lastly, she thanked the Town Commission and the town people for their support for these funding at the state level. Vice Mayor Babii had nothing to report. Mayor Zelniker called Finance Director Matthew Lalla to stand at the podium. She read a letter that she received from the Government Finance Officers Association of the United States and Canada about the Town receiving A Certificate of Excellence for Achievement for its annual comprehensive financial report (CAFR). This Certificate of Achievement is the highest form of recognition in governmental accounting and financial account, its attainment represents a significant accomplishment by a government and its management. An award of Financial Report Achievement has been awarded to the individual(s) or department designated by the government as primarily for responsible for preparing the award -winning CAFR. The CAFR has been judged by an impartial panel to meet the high standard of the program, which includes demonstrating a constructive spirit of full disclosure to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. She and the Commissioners appalled Matt and Town, Manager Labadie. Mayor Zelniker provided comments about the bicyclist, riding on the walking path, bicycle lanes, the state laws about bike lanes, and the Florida Department of Transportation involvement with the bike lanes. She thanked the Town Attorney Torcivia. She also stated that she was very pleased that the Town passed a resolution against antisemitism, racism, and bigotry. She was very proud of the Town. 15. TOWN ATTORNEY'S REPORT Town Attorney Torcivia had nothing to report. 16. TOWN MANAGER'S REPORT Town Manager Labadie commented about the work that Finance Director Matthew Lalla did when he came to Highland Beach and talked about the amazing work Mr. Lalla has done with an unmapped and undocumented program with the departure at the end of the fiscal year. He stated that he was grateful that Mr. Lalla was here to help him and the Commission through this. He said Commission Meeting Minutes Date: February 04, 2020 Page 15 of 16 it was a remarkable achievement. And that we are going to be aiming for it again this year with the audit process and financial reporting. He said that we are in great shape, and the Town is in strong financial health condition and that we are financially stable and prepared for the future. He gave an update as follows: Appropriation requests. Commissioner Gossett -Seidman has found space for her talents in Tallahassee. The Town seems to have gotten action on the crosswalk dollars and will be able to leverage the charter limitation. Hopefully, when we open bids tomorrow, we could be comfortable that we can implement the entire project, which is going to be great. Crosswalks. He recently saw an email from Florida Department of Transportation (FDOT). He explained that there might be one more maintenance agreement or some other type of documents that would have to be signed. He mentioned that he recalled during his interview process several commissioners said that this is very important. You have to get this done. With the hard work with the co-operatively with the Commission and the community, we are going to deliver this product together and will have improved safety in the crosswalk. He noted that there were some email exchanges that Dr. Greenwald identified where Representative Caruso had identified his desire or wished to take those rapid flashing beacons that are traditionally yellow and turn them to red. He does desire that because he does not find that the yellow is adequate to safely stop or alert traffic. He mentioned that he had a very honest conversation with Representative Caruso because he did not know that they could legislate that change because it is dictated at the federal level on federal and state highways. The legislation, as written on that house bill, is fine because it does reference back to the manual of uniform traffic control devices, which allows the yellow and prohibit the red. Representative Caruso has a few obstacles with FDOT and its engineering staff. 1006 Grand Court Project. He indicated that the Town has reached out. Town Planner Ingrid Allen had given them a review letter and stated the Town's position. He proceeded to explain that in his emails, he communicated that if they move in the direction to see legal representation, the process slows. They have acquired legal representation, and the process is going to slow down. The Town's position has not changed, and that will be communicated here soon. Town Attorney Torcivia firm has given us the strength to write a response letter that we are clearly standing behind in our position that if they wish to build what you see there, a plan amendment, or a permit amendment or some large review by the Planning Board is required and that they have to clarify other pieces of information to us, which was not clear on their first two. We have permitted this project twice. However, they have to provide some clarification. We are working on it. We are on top of it and moving it forward. The next step depends on what and how they are going to respond. Request for Proposal (RFP) Process. A few RFPs were opened for the IT system, and the two bids were opened. The bids we received were the ones we thought we would, and we thought other companies would bid, but they did not. He explained that there was a cone of silence placed on the bids. The selection committee included himself, Terisha Cuebas, and Matthew Lalla. They will be looking at the bid packets at great lengths, and there will be public meetings to review the bid packets. As for the programming, a bid packet was received as well. Fire Department. He explained that when the true -up process was done on the fire contract, there was a reduction in the cost of about $110,000 that will be coming back to the Town. Last year when the budget was done, we said that there was about a 5.2 percent increase year over year. It Commission Meeting Minutes Date: February 04, 2020 Page 16 of 16 is actually 2 '/2 percent once the true -up is factored in. The cost increase to that year was 2 '/2 percent instead of 5. Fee Schedule Adjustment. He thanked Matthew Lalla. He explained that the Town passed a fee schedule adjustment to the trash hauling costs. It was moved up to about fifty percent because it had not been touched in three years to recognize some cost escalation over time. For the last five years, condos on a unit by unit basis were to be paying $12 dollars a it. The Town had decided to charge $8 per unit. When we went to implement the $12.50 that was approved in our fee schedule, we started to get a few calls about the numbers increasing. We are going to proportion the administrative cost to the contract rate, so the condo fees will not crease to $12.50; instead, they will increase to $9 dollars. We are making the adjustment to stay proportional, fair, and equitable as the single-family homes and townhomes. For five years or longer, the Town had not been charging condos the rate that was established by the fee schedule. We are working to make the changes according to the fee schedule. He explained that the Community Greening is a part of the Annual Spring Fling Community event, and there will be a mini tree give-away for residents to adopt. Lastly, he informed Mr. Shoemaker that there are taskforces on homelessness by the Palm Beach County branch and the Florida League of Cities and that he would get that information to him. Mayor Zelniker thanked Mr. John Boden for working on the crosswalk lighting with her for over six years. 17. ADJOURNMENT There being no further business, Mayor Zelniker called for a motion to adjourn the meeting at 3:30 P.M. MOTION: Vice May Babii moved to adjourn the meeting at 3:30 P.M. Commissioner David. seconded the motion. APPROVED at the June 2, 2020 Virtual Town Commission Meeting. Mayor Transcribed by Lanelda Gaskins June 2 2020 Date