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2008.10.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, October 7, 2008 1.30 P M Mayor Jim Newill, CPA called the Regular Meeting to order in Commission Chambers at 1:30 P.M. CALL TO ORDER: Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick; Commissioner Doris M. Trinley; Commissioner John J. Sorrelli and Commissioner John J. Pagliaro. Also present: Town Attorney Tom Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown; and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a moment of silence in honor of members of the military, both living and deceased. Civility Pledge: Town Clerk Brown recited the Civility Pledge for the Commission and public. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA ~ Agenda accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS Joe Yucht -Boca Highlands Have been called a maverick and a protestor, but my comments have always meant to be in the best interest of Highland Beach, It is a waste of money to hire an additional attorney for the Milani Park application. You cannot stop it as our Comp Plan allows it. Delay of scheduling waiting for the snowbirds to return - what a farce. Why don't you wait for them to return to approve the budget? Justice delayed is justice denied. Beverly Knight - 4023 S. Ocean Blvd. Shocked at Mr. Yucht's comments. There were over 100 people at the Planning Board meeting in opposition. The park should not be in the comp plan. Palm Beach County has made major cuts to programs for low income children. They should remove the money for this park and reinstate some of these worthwhile programs. Town Commission Minutes October 7, 2008 Pa eg 2 of 8 3. PRESENTATIONS A) Certificate of Completion 2008 Institute for Elected Municipal Officials to Commissioner Sorrelli On behalf of the Florida Institute of Government, Mayor Newill presented Commissioner Sorrelli with a Certificate of Completion of the Institute for Elected Municipal Officials Class. B) Introduction of Thomas 1. Baird, P.A., Land Use Attorney Town Manager Su eg_rman - In regards to the application of Palm Beach County for a special exception for the Milani Park project, staff thought it wise to bring on board an attorney who specializes in land use. Based upon a recommendation of the Town's labor attorney, we have contracted with Thomas J. Baird, P.A. an attorney who specializes in land use cases in Palm Beach County. Mr. Baird stated that he has his own office in North Palm Beach and his practice consists of: city, county and local government law; environmental land use; real estate; .constitutional law and litigation. In addition, he is presently the Town Attorney for Lake Park and Jupiter. ~l. BOARDS AND COMMITTEES A) Board Correspondence • None B) Board Action Report • Report read into the record by Town Clerk Brown C) Board Vacancies • Cultural Board - 3-Year Vacancy D) Board Appointment -Planning Board - 3-Year Appointment Candidates: Dennis Sheridan and Eugene Diliberto MOTION: Commissioner Sorrelli moved to appoint Dennis Sheridan to the Planning Board fora 3-year term; seconded by Commissioner Pagliaro. ROLL CALL: Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Town Commission Minutes October 7, 2008 Page 3 of 8 E) Monthly Board Meetings -read into the record by Town Clerk Brown. • Planning Board -Oct. 8~' -Regular - 9:30 A.M. • Beaches & Shores Advisory -Oct. 14th -Regular - 9:30 A.M • Code Enforcement Board -Oct. 15th -Regular - 9:30 A.M. • Board of Adjustment -0ct. 21st- Regular- 9:30 A.M. • Cultural Advisory -Oct. 23rd -Regular - 9:30 A.M. 5 PROPOSED ORDINANCES AND RESOLUTIONS: • FIR5T READING -ORDINANCE N0.08-003 0 AN ORDINANCE OF THE TOWN OF HIGHI,AND BEACH, FLORIDA ESTABLISHING AND REVISING THE EXISTING RATES FOR SOLID WASTE AND RECYLCING COLLECTION SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 08-003 O into the record on first reading Town Mana e~ r Su eg rman -The Ordinance is being presented to the Commission on first reading. As per the request of the Town Commission, I have included the first two pages of the most recent contract with Waste Management signed in February 2007. Page two has the fuel surcharge table for the Town of Highland Beach. The proposed ordinance which, if adopted, would generate enough additional revenue to insure that retail rates would cover our wholesale costs. The proposed adjustment to rates would add $2.00 per month for single-family and multi-family curbside customers and $1.50 per month for multi-family container customers. The special medical class of customers would not see a change in their rate. The rates would go into effect with the February 1, 2009 billing. Mavor Newill opened the Public Hearin: Beverly Knight - 4023 S Ocean Blvd. Are you aware there are no provisions in the current trash ordinance for recycling containers? Trash has a lot of different references, but none for recycling. Please update the ordinances. Commissioner Sorrelli -Why are we close, not over? Reply - Do not know what fuel cost adjustment will be every quarter. 6. NEW BUSINESS A) Revision of Boards Appointments Procedures Town Manager Su eg rman - As per the discussion at last week's Workshop meeting, we have drafted a revision to the Board Appointment Procedures. The change is in Section II Posting. "Only those applications received ten days prior to the next available workshop Town Commission Minutes October 7 2008 Pa e 4 of 8 meeting of the Town Commission will be considered for interview at the next available Town Commission Workshop Meeting. However, the vacancy will continue to be posted until an appointment has been made." Motion: Vice Mayor Zwick moved to approve the new language in "Section II Posting" of the Board's Appointment Procedures; seconded by Commissioner Pa Ig_iaro. Motion approved by 5-0 voice vote. B) Update on Police Chief Recruitment process Town Mana er Su erman - As previously reported in my weekly report, I received 105 expressions of interest from individuals who would like to be considered candidates for the position of Chief of Police. I refer to these as "expressions of interest" because not all of the individuals met all of the minimum submittal requirements. I have identified 26 applicants who I believe have superior qualifications based upon their knowledge, skills, ability, and work experience. I offer the following scenario to the Commission: 1) I will provide the Commission with copies of all application materials from my top 16 choices (or whatever number the Commission chooses); 2) Those applications will then be forwarded to the Commission for review and ranking. The Commissioners will be given 7- 10 days to complete their rankings; 3) Assuming that we start with 16 choices, based upon the ranking of all 5 members of the Commission, we will cut the list in half; 4) I will then take those top candidates and do a telephone interview or if local possibly a personal interview. As required by the Code, I will then provide the Commission with a ranked list of candidates. MOTION: Commissioner Pa liaro moved to have the Town Manager provide copies of the 26 applicants; the Commission will have 10 days to rank them; the Town Manager will then have interviews with the top 10 and provide the Commission with a short list for personal interviews. Motion seconded by Commissioner Sorrelli. Motion approved by 5-0 voice vote. 7. MISCELLANEOUS -ITEMS LEFT OVER A) Review of Format and Establishment of a Schedule for the Milani Park Special Exception Application from Palm Beach County [TABLED] Motion: Commissioner Pa lg iaro moved to remove Milani Park Special Exception from the TABLE; seconded by Commissioner Trinlev. Town Commission Minutes October 7. 2008 Page 5 of 8 ROLL CALL: Commissioner Pagliaro - Yes Commissioner Trinley - Yes Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Mayor Newill - No Motion passes with a 4-1 Vote. Town Manager Su erman - It appears that the Town Staff and the County Staff have come to a consensus on how the matter should proceed. The final decision on how to proceed rests with the Town Commission, but staff recommends the following: 1) The Commission will consider the County's application within the context of a formal public hearing; 2) The public hearing on the Special Exception application for the Milani Park project will commence as an item on the November 4~' regular meeting agenda. At that meeting, the applicant will present to the Town Commission a fully integrated package of information on their Special Exception application. 3) In order to have the item considered on the November 4d' agenda, the County will submit all materials to the Office of the Town Manager no later than October 16d'. 4) The County will take responsibility for all appropriate Notice requirements under the Town's Code. 5) At the November 4 meting, the Commission will open the public hearing to take testimony from the public. All speakers during the public portion will be sworn in by the Town Clerk and they will be asked to state their name, address and provide their qualifications for providing either expert testimony or fact witness testimony. 6) Once the County has completed their presentation, expert testimony is given, and the County has an opportunity to cross- examine any of the expert or fact witnesses, the Commission will have the opportunity to ask any questions they may have. Once those questions are completed, the public hearing should be recessed until the regular meeting scheduled for the month of December. 7) At the December 2nd meeting, the public hearing will be re-opened, and the Town Staff and the Town's outside consultants will be asked to report to the Town Commission on the applicant's November 4`~ submittal. All speakers during the public portion will be sworn in by the Town Clerk and they will be asked to state their name, address and provide their qualifications for providing either expert testimony or fact witness testimony. The Town Staff and the Town's outside consultants will submit all materials to the Town Manager no later than November 13a'. 8) Once the Town staff and Town's consultants have completed their presentations, the County will have an opportunity to cross-examine any of the expert testimony. All speakers will again be sworn in. In the event that any citizen wishes to speak to the issue without providing expert testimony under oath, they will have an opportunity to provide their opinion bn this matter during Public Comments and Requests portion. of the agenda. 9) Once all the issues are dealt with, the public hearing shall again be recessed until the regular meeting scheduled for the month of January. 10) At the January 6`~ meeting, the applicant will get an opportunity to rebut all of the prior testimony. The Commission will then ask for final testimony from the public. All speakers will be sworn in as at previous meetings. The County will have one final opportunity to question speakers and to rebut any testimony. 11) At the February 3rd Commission meeting, the Town Commission Minutes October 7 2008 Pa e 6 of 8 Commission will have an agenda item dedicated to the deliberation and the rendering of a decision on the Special Exception application. At that time, the Commission can approve, deny, or approve with conditions. If the Commission is unable to complete its full deliberations leading to a final decision, the County has already suggested that the Commission carry their final decision over to one more meeting. Mayor Newill -When the County voted to sue the Town due to our lack of participation, the Town Attorney had already submitted the information they had requested. When the Town Manager and I attended the Commission meeting, we were treated rather shabbily. Town Attorney Sliney - It is time to go forward. Objections have been met. Do not like procedural objections, nor do I want to be bound by the schedule submitted by the Town Manager. Also want Tom Baird to review. Request a motion to approve schedule and procedural items in concept. Approve the eleven steps in principal, with the understanding that there could be changes. Town Manager Sugerman -Accepting concept, not detailed schedule. MOTION: Vice Mayor Zwick moved to accept Milani Park scheduled presented by Dr. Sugerman with the understanding that we are not bound by the procedural schedule; seconded by Commissioner Sorrelli. Mayor Newill -Believe in Home Rule, do not believe the County has the authority to tell us that we cannot have workshops. Roll Call: Vice Mayor Zwick - Yes Commissioner Trinley - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Mayor Newill - No Motion carries with a 4-1 vote. 8. REPORTS -TOWN COMMISSION Commissioner Pa liaro - No Report Commissioner Sorrelli - Boards -conflict of interest. Someone stated that it would be a conflict of interest to be seated on the Planning Board and sell real estate in Town. Town Attorney Sliney -You might want an architect or a real estate broker on the board for their input. If they have one of their own projects coming before, they would have to abstain and remove themselves from the discussion. Commissioner Trinley. - The recent police activity log indicates the Police Department is spending a lot of time chasing alarms. I thought the former Chief was working on an Town Commission Minutes October 7 2008 Pa e 7 of 8 ordinance. Mana er Su erman - It was never advanced to the Commissions agenda. Commissioner Pa liaro - I also agree that we need something on the books. Vice Mavor Zwick - No Report Mavor Newill - 1) "Let Us Vote" -very similar to Home Rule. Left a brochure at the Commissioner's seat. Have notified all the condo's that the Town Manager and myself will attend condo meetings to explain the two questions on the ballot and additional information on the "Let Us Vote" question. 2) Had a number of calls on the tree program and referred these calls to the Town Manager. Would hope that the Commissioners also support the position of the Town Manager. The Town employed a landscape architect to plot out the trees. We should not assume the voice of a few from any condo building is the belief of the whole building or condo Board. 9. REPORTS -TOWN ATTORNEY On the McCray versus the Town of Highland Beach case, there has been quite a bit of discovery. Rusty Roberts, our insurance counsel has requested that we schedule a session in the shade either on the 14`t' or the 16~'. The meeting cannot wait until the end of the month due to time constraints. 10. REPORTS -TOWN MANAGER No Report. 11. CONSENT AGENDA MOTION: Vice Mavor Zwick moved to approve the Consent Agenda as submitted; seconded by Commissioner Pa liaro. Consent A enda: A) Approval of participation in Florida Power & Light's Commercial Demand Reduction (CDR) Program B) Minutes Approval July 29, 2008 - August 26, 2008 - August 26, 2008 - September 2, 2008 September 9, 2008 Workshop Workshop Budget Workshop Regular meeting Budget Meeting Motion approved by 5-0 voice vote. Town Commission Minutes October 7.2008 Pa eg g of g 12) PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht -Boca Highlands Why would you schedule a public hearing on election day? Maybe you need to change the date of the meeting. If someone makes a presentation one month, why should we have to pay them to come back the next month for cross examination. It is a waste of tax payers money. Town Manager Su eg rman -The cross examination will happen at the hearing when the statement is made. Beverly Knight - 4023 S. Ocean Blvd. The two ladies from the County were adamant against having workshops. The deliberations of any public meeting are admissible in court. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 2:55 P.M. upon a MOTION by Commissioner Sorrelli and seconded by Commissioner Pa liaro. ~S i f, APPROVE: ~~ Jim New 1 ,CPA, Mayor - , ,~--, Mi/ri~am S. Zwick, V . Mayor Doris M. Trinley, Commissioner A Beverly M. Br wn, MMC Town Clerk /~~ 5' ~n~