2009.01.27_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, January 27, 2009 1:30 P.M.
Mayor Jim Newill, CPA called the Workshop 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 minute of silence in
honor of members of the military, both living and deceased.
Civility Pledge: The Civility Pledge was recited by the Town Clerk.
1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
• Agenda accepted as presented.
2. PUBLIC COMMENTS AND REQUESTS
Robert Bisom -Aberdeen Arms
Milani Park -The whole project is tainted. The County Commissioner that was pushing
the project is under indictment. It would be fool hardy to continue with the project. Urging
the Commission to turn down the application.
Town Attorney Sliney -The gentleman made some good points. Looking into the
problems.
Seymour Strauss -Boca Highlands
The Lyric Chamber Orchestra is having a performance on February 6, 2009 at St. Lucy's
and everyone is invited. They are anon-profit organization and are looking for donations.
Joe Yucht -Boca Highlands
As a trial attorney, first thing you do is prove your evidence and testimony then anticipate
what your opponent has to say. There is no way under Florida law that the Town can stop
the park. The County purchased the land in the 80's for park purposes. A passive park will
Town Commission Workshop Minutes
Januarv 29, 2009 Pa e 2 of 6
solve all problems. The bathing park was added by someone in the county. To deny the
park would only result in a lawsuit.
Harold Ha elmann -Boca Highlands
Believe there is plenty of money to fix the microphones. An item on today's agenda is
political signs during the election season. They are up for such a short period of time, and
then they are taken down. Possibly the residents do not know who is running. If a sign is
up, residents can discuss the qualifications of the candidates amongst themselves. Would
like to see the signs be allowed for the election.
3. OATH OF OFFICE
The Oath of Office was given to Chief of Police Craig Hartmann by Town Clerk Brown.
Mrs. Hartmann had the honor of pinning the Chief of Police badge on the new Police
Chief.
4. PRESENTATIONS
• Certificates of Completion
On behalf of the John Scott Daily, Institute of Government and the Florida League of
Cities, Town Clerk Brown presented certificates of completion to Mayor Newill,
Commissioner Sorrelli and Commission Pagliaro for completing the Advanced Institute of
Elected Officials course which was held in Fort Lauderdale, October 24~' & 25`x' , 2008.
• Update Report on Annual Audit
Jon Williams, Finance Director stated that the Internal Audit is underway. Our outside
auditors -Nolen, Holt & Minor are presently completing the field work, which will take
another 7-10 days. Once that is completed, we will receive a draft report within 14 days.
Next month we will respond to the draft financials prior to receiving the final report. I
would like to commend Cale Curtis, Deputy Finance Director for his effort in compiling all
the information together for the auditors.
4. BOARDS AND COMIVIITTEE5
A) Board Correspondence
• None
B) Board Action Report
• None
C) Board Vacancies
• Code Enforcement Board -Two unexpired terms
• Beaches & Shores Advisory Board -One three-year term
Town Commission Workshop Minutes
January 29, 2009 Page 3 of 6
D) Monthly Board Meetings
• Beaches & Shores Advisory Feb. 4`~' -Workshop - 9:30 A.M.
• Beaches & Shores Advisory -Feb. 10th -Regular - 9:30 A.M
• Planning Board -Feb. 11th -Regular - 9:30 A.M.
• Boards Appreciation Luncheon -Feb. I1 rh -Noon
• Bd. of Adjustment -Feb. 17th -Regular - 9:30 A.M.
• Code Enforcement Board -Feb. 18th -Regular - 9:30 A.M.
• Cultural Advisory -Feb. 26th -Regular - 9:30 A.M.
5. PROPOSED ORDINANCES AND RESOLUTIONS
• None
6. NEW BUSINESS
• None
7) MISCELLANEOUS -ITEMS LEFT OVER
• None
8. REPORTS -TOWN COMMISSION
Commissioner John Pa liaro - In recent months, I have been expressing my concerns over
the obstructions on AIA. It is ironic that the following has occurred the past two days: 1)
At the Coffee with the Mayor a number of residents' complaints about the obstructions and
2) Just today I received in the mail information about solar flashing lights for the cross
walks. I will give the information to the Town Manager for his review.
Commissioner Sorrelli - 1) With the election coming up -would like to see a meet the
candidate's night. Town Mana eg r Su erman stated the Town Clerk will make a report on
this. 2) Parking - It is getting tougher and tougher to find a parking space while attending
functions on these grounds. Can someone look into this? 3) We seem to be having a
problem with the Code Enforcement Board -maybe we should look into a "Special
Master." A number of communities in Palm Beach County use a "Special Master" rather
than a civilian board. Mana eg r Sugerman -Rather than using a civilian board, towns are
using a specially trained attorney to hear code violations. If the Commission is interested, I
will research the topic and submit a comprehensive report. 4) Are the Manager's weekly
report public records? R my -Yes. I have had a number of questions about the police
union contract. Mana eg r Su eg_rman - If the Commission wants me to discuss it, I will.
Consensus of the Commission was not to discuss in public. Mana er Su erman -Will
keep the Commission informed. Comm. Sorrelli -There are a lot of rumors being spread
around town and thought we could stop some by publicly discussing what actually is
happening with the negotiations.
Town Commission Workshop Minutes
Januarv 29, 2009 Page ~ of 6
Commissioner Trinlev - I believe it is fool hardy to do battle with the newspapers, but feel
we should respond to the article that Beverly Knight shared with us. Beverly Knight -
Article was tongue in cheek only.
Vice Mayor Zwick -Impressed that our citizens are voicing their opinions on signage. Just
wondered what would happen if we had eight or ten people running for office? It would
create a problem with drivers. If political signs are placed in the swales they will be
removed. If private property owners would allow it, signage will be limited throughout the
town. I for one feel they need to be limited. If we are going to restrict real estate signs, we
also need to restrict political signs. Comm. Pagliaro - I concur with the Vice Manager.
When you see a name of a candidate, I would hope you would learn more about this
candidate than just reading their name.
Mayor Newill -During the Mayor's coffee this week, we had a number of people voice
their concerns regarding bike's on the walking path not giving audio signals. I challenged
these people to come to a Commission meeting to voice their concern.
9. REPORTS -TOWN ATTORNEY
• Amending the Code -Obstruction in the State Road A-1-A Right of Way
Background -Former Town Building Official Bob Dawson on 12/8/06 wrote FDOT
inquiring about what items are allowed in the FDOT Right of Way. He gave examples -
reflectors, low shrubbery, trees and hedges, other landscaping and condominium name
signs. But never received a response. On 3/2/07, the Town entered in a Maintenance
Memorandum of Agreement with FDOT. The Memorandum allows the Town to install
and maintain certain landscape improvements within the right of way of State Road AlA.
On 8/21/08 the Chairman of the Code Enforcement Board wrote a detailed letter making a
number of recommendations concerning AlA Right of Way obstructions based on a review
by the Code Enforcement Board. Based on the FDOT maintenance memorandum and the
past policy of non involvement in matters involving State Road AlA right of way, I
conclude that the Town Commission has the ability to promulgate regulations for the State
Road AlA right of way. Comm. Pa lg_iaro -Clarification, shrubbery was not part of the
nuisances. Mana er Sugerman - FDOT does consider shrubbery as an obstruction.
Comm. Pa liaro -When the nuisance report came through from FDOT, they gave the
Town approval to moderate the nuisances in the ROW. Manager Sugerman -Right now,
the Town Code does not have specific provisions in it to enforce the obstructions. Are
some of these acceptable? Landscaping, shrubbery, trees, entrance way signs are probably
acceptable. Concrete mailboxes, pyramids, rounds may not be acceptable and would have
to be included in the Code. Mayor Newill - FDOT gave the responsibility to the Town for
two reasons: 1) They do not have the time or manpower to maintain the rights of way, and
2) They do not like getting the nasty calls. Comm. Trinlev - It was stated that these things
were brought to the attention of the Code Enforcement Board. Was it all these items?
Comm. Pa lg_iaro -Just the pyramids, reflectors and rounds. Vice Mayor Zwick - Is there a
mandate from FDOT that the swales be grassy? Is this a tradition or is there some other
Town Commission Workshop Minutes
Januarv 29, 2009 Pa e 5 of 6
way to construct the swales than with grass? If there was no grass, where would these
items be placed? Mana er Su eg_rman -There is a mandate from South Florida Water
Management District that we control the storm water run off. The way to do it is with a
grassy swale. After a rain storm, you might see ponding water on the swale. The grassy
swale then acts as a filtration system. Town Attorney - We need to discuss this further.
Mayor Newill -The Commission needs to discuss it further and I challenge the residents to
voice their opinion on this subject.
10. REPORTS -TOWN MANAGER
• Update on Obstruction in the Right-of--Way on SR AlA
My report is in response to the Code Enforcement Boards requests: 1) Strict Enforcement
- They are receiving it from both the police and building departments; 2) Asked for
additional signage - My recommendation is not to install additional signage; 3) Removal of
reflectors, concrete pyramids and mailboxes -Next step would be to introduce an
ordinance eliminating obstructions. No reflectors, concrete mounds or pyramids in right of
way and mail boxes to be moved back to the tree line. Continue it to next week's meeting
for further discussion.
• Discussion on Political Signs in the Right-of--Way during election season.
Section 23-7 of the Town Code prohibits virtually all signs in the right-of-way. The code is
silent on political signs, but prohibits all other signs. Intend to continue enforcing code.
Want to make it clear; political signs are not prohibited on private property. Candidates
will need to get authorization from property owners prior to staking the sign. Manor
Newill -How do we handle condos? Mana eg r Swan - As long as it is not in the right-
of-way. The signs can be placed on the condo's common area with approval. Real estate
signs are only allowed at the house that is being sold.
• Town Clerk Brown -The League of Woman Voters will sponsor a "Meet the
Candidates Night" on March 2, 2009, from 7 - 8:30 PM in the Commission Chambers.
All qualified candidates will be invited to attend. They all will be given the same
instructions and opportunities to speak. It will be advertised on Channel 97 and residents
will have the opportunity to submit questions to be asked. The League will determine what
questions will be asked.
11. CONSENT AGENDA
• None
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Seymour Strauss -Boca Highlands
Last year, the political signs really bothered me. Every day two of the political candidate's
signs were removed, but the other two were not. I contacted the Board of Elections and
Town Commission Workshop Minutes
January 29, 2009 Page 6 of 6
they stated they would send down a detective as removing the signs was a felony. Strongly
object to the signs in the right-of-way. Need more coverage. by the newspapers.
13. ADJOURNMENT
There being no further business to come before the Commission, Mayor Newill adjourned
the Workshop Meeting at 2:55 P.M. upon a MOTION by Vice Mayor Zwick seconded by
Commissioner Pa liaro.
APPROVE:
Jim Newill, C~, Mayor `-~
Miri S. Zwic , Vi or
~'~ ~ ~ ~1~~ p ic., i
Date: D