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2008.09.02_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, September 2, 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 COIVIlVIENTS AND REQUESTS Jack Halpern - 4511 S. Ocean Blyd. 1) Milani Park - I would like to congratulate the Commission on standing up to the County Commission. Milani Park is not a NIMBY, but just the wrong place. 2) Building Official -Approve of inspection services, but would like to see a continuity with personnel. Beverly Knight - 4023 S. Ocean Blvd. Kudos to the Town Commission for not acknowledging the disrespectful actions taken by the County Commission. Do not know of anyone who wants this in our community. • Town Commission Minutes September 2, 2008 Page 2 of 8 • 3. PRESENTATIONS A) Certificate of Completion 2008 Advanced Institute for Elected Municipal Officials to Commissioner Trinley On behalf of the Florida Institute of Government, Mayor Newill presented Commissioner Trinley with a Certificate of Completion of the Advanced Elected Municipal Officials Class. Commissioner Trinley thanked the Town for sending her to the Academy. She stated it was quite informative and encouraged the Commissioners to also attend. B) Public Works Department Update Report -Jack Lee, Public Works Director Current projects of the Public Works Department include: Mathews Engineering preparing a study for the water main replacement project on the east side of AlA. The study will determine the appropriate size of the new water main and provide an estimated replacement cost. The old "6" and "8" AC water main is over 50 years old and has out-lived its normal life expectancy. In addition, Phase II and III of the SR AlA tree planting project began early last week and should be completed in approximately three weeks. The total cost of the project is estimated at $400,000.00 and will be split 50/50 by FDOT and the Town. There will be approximately 200 trees planted in the FDOT right- of-way during these 2 phases. Future Projects include: the replacement of the old "6" and "8" AC water lines on the east side of AlA as determined by the referendum vote. Plus the • possible replacement or resurfacing of the Town's walk path. C) Louis M. Reidenberg, Chair -Code Enforcement Board Recommendations on AlA Right-of-Way Obstructions Acting on your directive, the Town of Highland Beach Code Enforcement Board has investigated, researched and held public hearings and taken necessary steps to evaluate in order to make recommendations for your consideration as to obstructions on AIA. We propose the following recommendations be adopted as a policy of the Town and/or be made as amendments to the Code of Highland Beach. 1) Strict enforcement by whatever police authority is in effect of all state and town laws regarding parking, speeding, bike lanes, turning regulations, etc.; 2) Install signs stating no-turns, no passing on swales, no parking on swales, bike riders -single file only; 3) Install welcome signs at entrances to Town, stating that all Town laws are strictly enforced; 4) At applications for building permits, if upon discretion of the Building Official that parking on AlA may be necessary, contractor shall furnish a copy of their DOT application for parking, prior to issuance of building permit; 5) There shall be no free standing reflectors within the unpaved portion of the right-of-way, permitted; 6) There shall be no concrete pyramids or rounds in the unpaved portion of the right-of-way. permitted; 7) Recommend to all residents the installation of hedges no higher than 18 inches in lieu of reflectors, concrete rounds and pyramids; 8) Require that all mailboxes be moved to the tree line within the right-of-way. • Town Commission Minutes September 2, 2008 Pale 3 of 8 • Town Attorney Sliney - If the Commission wishes to adopt these, we will have to review the code first. Commissioner Trinlev -Since the state owns 50 feet from the edge of the road, how can the town dictate what can or cannot be put on the property? Doesn't the postal service control where the mailboxes are placed? Who would plant the hedge and maintain them? Mayor Newill -The Commission would have to budget for this expense. Need to identify that cost first. Mr. Reidenber~ -Unless we have strict enforcement of the rules and regulations, it will still be a problem. Town Mana er Superman -The FDOT has a contract with the Town to maintain A1A. They take the position that the state's right-of- way is the Town's responsibility. Last year we had received a list of 870 obstructions. This list also includes trees and shrubs, plus some other obstructions that may or may not be acceptable. Commissioner Pa liaro - We need to send the list to the homeowners and have them voluntarily participate in removing the obstructions. Manager Su eg; rman - As of Friday, the police had issued 13 citations for contractors parking on the right-of-way. Are you looking for strict enforcement? Making obstructions in the right-of-way illegal? We will need to check the regulations on mail boxes. Where do you want to go with the 18 inch hedge? Do you want to force residents to do the planting or shall the Town take it over? Comm. Trinlev -Strict enforcement. MOTION: by Vice Mayor Zwick to instruct the Town Manager to work with Town Attorney to write a draft code provision to meet requirements recommended by Code Enforcement Board; seconded by Commissioner Pa liaro. • Discussion -Mayor Newill -Would like to see all the obstructions go away. We still have to address the 18 inch hedge. I cannot vote for it until we know the actual cost of planting and maintaining. ROLL CALL VOTE: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Mayor Newill - No Motion passed with a 4-1 vote. 4. 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 Town Commission. Minutes September 2, 2008 Page 4 of 8 i D) Monthly Board Meetings -read into the record by Town Clerk Brown. • Beaches & Shores Advisory -Sept. 9th -Regular - 9:30 A.M • Town Commission -Public Hearing Budget -Sept. 9"' - 5:01 P.M. • Planning Board -Sept. 10th -Regular - 9:30 A.M. • Board of Adjustment -Sept. 16th -Regular- 9:30 A.M. • Code Enforcement Board -Sept. 17~' -Regular - 9:30 A.M. • Town Commission Budget Workshop -Sept. 25th - 5:01 P.M. • Cultural Advisory -Sept. 25th -Regular - 9:30 A.M. • Town Commission -Workshop -Sept. 29~' - 1:30 P.M. 5 PROPOSED ORDINANCES AND RESOLUTIONS: A) Second Reading and Public Hearing ORDINANCE N0.08-0010 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA ADDING TO THE TOWN CODE, CHAPTER 29 ENTITLED "WATER SYSTEM," SECTION 29-25 THRU SECTION 29-31 ENTITLED CROSS CONNECTION CONTROL PROGRAM," AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance 08-001 O into the record on second reading. • Mayor Newill -Opened the public hearing. Receiving no public comments, the public hearing was closed. MOTION: Vice Mayor Zwick moved to adopt Ordinance No. 08-001 O on second reading; seconded by Commissioner Sorrelli. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Trinley - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Mayor Newill - Yes 6. NEW BUSINESS A) Acceptance of Automatic Resignation of Planning Board Member Kurt Kalberer in accordance with Section 20-26(a) of the Highland Beach Code of Ordinances Mayor Newill stated he had received a call from Kurt Kalberer stating that he had missed three meetings last year and thought he would be removed after missing the fourth • meeting. Town Commission Minutes September 2, 2008 Pale 5 of 8 Town Attorne Sliney stated that he reviewed the minutes and Mr. Kalberer did not have • any excused absences and his absences fit the criteria set in Section 20-26(2) as to automatic resignation. Vice Mayor Zwick - It looks very bad for the Town when we notice a meeting, have residents take time to attend, then have to cancel the meeting at the last minute due to no quorum. It looks poorly on the Town. That is why rules are put in place. Attorney Sliney -Particularly this year, there has been a problem scheduling meetings due to lack of attendance. MOTION: Vice Mayor Zwick moved to accept the automatic resignation of Kurt Kalberer in accordance with Section 20-26(a) of the Highland Beach Code or Ordinances; seconded by Commissioner Pa liaro. Motion approved by 5-0 voice vote. 7. MISCELLANEOUS -ITEMS LEFT OVER A) Approval of Contract for Professional Services with Government Services Group of Longwood, Florida for Financial Services. Town Mana er Sugerman - At the Commission Workshop, I was asked to obtain some additional information about the working relationship the Government Services Group (GSG) has with its other Florida municipal clients, and whether the financial services work it does involves communities that have afull-time finance director or not. In all • cases but one (Longwood, FL), GSG provides services in the role of Finance Director as well as financial and accounting services. With Longwood, they retain their own finance department staff, and GSG only provides contract Finance Director Services. I was also asked to coordinate a number of legal issues with Glenn Rissman of Tom Sliney's office. The one outstanding item that Glenn asked for was a copy of GSG's professional liability and errors and omissions insurance. I have done so and it is included with your packet. Commissioner Sorrelli -Atty. Sliney are you comfortable with this contract? Reply - Yes. MOTION: Commissioner Sorrelli moved to approve the contract for professional services with the Government Services Group of Longwood, Florida for Financial Services; seconded by Commissioner Pa liaro. Motion approved by 5-0 voice vote. B) Review of Format and Establishment of a Schedule for the Milani Park Special Exception Application from Palm Beach County Town Attorney Sliney - I want to emphasize that the Town has never stated that they will not hold a public hearing. The Town will hold multiple public hearings once we have determined certain procedural issues. Under the Town's Code, the Commission has three . options: to deny the application; to approve the application; or to approve the application Town Commission Minutes Seutember 2, 2008 Page 6 of 8 • with conditions. Under Code Section 30-36, the Commission needs to determine if the request is consistent with a number of criteria listed in that section. The Commission makes its own determination separate from the Planning Board as they both have different criteria to review. At the Planning Board level there were a number of workshops to acquaint the Planning Board and the residents with the application. At the Commission's Workshop on July 24~', Amy Petrick, Assistant County Attorney objected to the Commission scheduling any workshops. Ms. Petrick's letter of August 26~' to Dale Sugerman stated that the Planning Board's proposed conditions were arbitrary and capricious and in violation of State Statutes. Accordingly, it is my recommendation that the Town hire outside land use counsel to address the objections of the County. It is my opinion, that the Town should get advice before proceeding any further. Town Manager Su erman -The Commission cannot discuss this item unless they remove it from the table. 8. REPORTS -TOWN COMMISSION Commissioner Pa liaro - No Report Commissioner Sorrelli - No Report Commissioner Trinley. - No Report • Vice Mayor Zwick - No Report Mayor Newill - The next "Coffee with the Mayor" is scheduled for October 27, 2008 from 9:30 A.M. to 11 A.M. 9. REPORTS -TOWN ATTORNEY Milani Park -Does anyone have any comments? Mayor Newill - I have always known that there was going to be a park on that property. But, I am also a strong believer in home rule. Did not appreciate the letter from the County challenging our authority to have workshops on this subject. 10. REPORTS -TOWN MANAGER 1) I will be distributing the initial matrix on the applications for the Chief's position of which there are 56. It is not an analysis of their qualifications only what they have stated. 2) By the close of business on Thursday, I will put in your mailbox the initial economic analysis of the contract with the FOP. 11. CONSENT AGENDA • MOTION: Vice Mayor Zwick moved to approve the Consent Agenda as submitted; seconded by Commissioner Pagliaro. Town Commission Minutes September 2, 2008 Page 7 of 8 • A) Funding for Replacement Trash Cans on the Beach B) 3-Year Appointment to Beaches & Shores Advisory Board (9/1/08-8/31/11) Linda Peterson - 3740 S. Ocean Blvd. C) Authorization of a Purchase Requisition for the Replacement of an AC Chiller for the Water Treatment Plant. D) Approval of Contracting for Building Official and Inspection Services with Independent Inspections, Ltd. Of Orange City, Florida. E) Approval of Retaining Outside Counsel to Assist the Town with the Milani Park Special Exception Application as a Result of Anticipated Litigation F) Minutes Approval Special Meeting -July 29, 2008 Regular Meeting -August 5, 2008 Budget Workshop -August 7, 2008 Motion approved by 5-0 voice vote. Commissioner Trinley -What happened to Rich Barber and the CDR? Town Manager . Su eg rman - He could not make today's meeting. It will be put back on the agenda as soon as he is available to attend. 12) PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Beverly Knight - 4023 S. Ocean Blvd. Hedges - It is fine to recommend, but who is going to maintain them and water them? Water is expensive. If you do not have sprinklers in front of your house, the hedges will die. Mail boxes - if everyone put their mailbox up into their driveway, it would take the mailman forever to pull in and then back out. My landscaper received a ticket for parking on the swale. The older homes have high driveways and landscapers cannot get their equipment into them. Need to identify those landscapers from the contractors. 13. AD TOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 3:15 P.M. upon a MOTION by Commissioner Sorrelli and seconded by Commissioner Pa liaro. • Town Commission Minutes September 2, 2008 Pale 8 of 8 i APPROVE: ~~ Jim Newil CPA, Mayor ~ 1 ~` Miriam S. Zwie~C, Vice I?vlayor ~~ h-t~.: Doris M. Trinley, Commissio er • ATTES B verly M. Br wn, MMC Town Clerk ~lfit~ ~~ ~-Ga ~' •