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2009.02.24_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, February 24, 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 3. 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 Town Mana eg r Su erman - In preparation for the March 3, 2009 agenda topic of Milani Park, the Town's staff has prepared a draft document with 59 conditions of approval to be met by the County for the Commissions benefit. This draft document was forwarded to both the Commission and the County late last week. This morning I received a phone call from Audrey Wolf stating it has been determined that with additional discussion at the staff level they may be able to clarify/eliminate many of the issues raised. She has requested a continuance to allow for such staff discussion to occur. Due to the amount of time consideration of the application at a Town Commission meeting, they have requested that the Town consider scheduling a special meeting for the application anytime after April 13, 2009. Since this is a Workshop, the Commission cannot take any action on this request. But if the Commission can give me some direction, I will get back to the County. Mayor Newill - In roughly another two months, we will have a new south county Commissioner. That persons' direction may redirect the money allocated to this project. Mana eg_ r Su eg_rman - If no objections, will have it continue from the March 3rd meeting until some time in the future. Mayor Newill -Reminded the audience, that the standing policy of the Commission is not to tolerate any political speakers during the Public Comment part of the Commission's meeting. Town Commission Workshop Minutes February 24, 2009 Pale 2 of 8 2. PUBLIC COMMENTS AND REQUESTS Lucy Miller - 3301 S. Ocean Blvd., Chairman Beach & Shores Advisory Board It is not lost on us, that the County is requesting a continuance until most of the residents return up north for the season. It is the consensus of the Beaches & Shores Advisory Board that the Commission should vote NO for the special application for Milani Park. 1) Public access should be denied to prevent further disturbance to the environment of the sea turtles who are already threatened and in danger of extinction. 2) At high tide there is very little beach. 3) The dunes are an ancient Indian burial ground and one of the only parcels in Florida which has maintained its integrity. 4) The protected mangroves on the west side of the street are a rare landlocked parcel that would be seriously damages. 5) When it was presented to the Board the County stated that it was a "fate d'accompli." The truth is that this parcel was not included in the bond issue that they refer to. Mrs. Feldman - 2640 S. Ocean Blvd. Situated across the street from my residence is a cluster of homes that appear to be very transient. The trash cans are left out for weeks at a time, used furniture is left there helter skelter. I have spoken to Bob Dawson, Zoie and Mr. Superman. Nothing is being done. The property is being rented by the week or as time shares. I resent it. Something needs to be done. Mayor Newill -Mrs. Feldman called me direct and I know Mr. Superman has been working on it. Mana eg r Superman - I invited Mrs. Feldman to attend this meeting today. Agenda Item #SA addresses this issue. Presently, the Code does not address the issue of recycling bins and when trash cans have to be taken up. We have to adopt this ordinance so that we can enforce the rules. Beverly Knight - 4023 S. Ocean Blvd. For six years, I have been complaining about people leaving their trash cans out for days at a time. Glad this problem is being addressed. I am a member of the Beaches & Shores Advisory Board and ditto the statements made by Lucy Miller on the Board's behalf. We all are passionate about this interest. The residents have spoken. You know how we all feel. It is up to you to represent our interests. This vote is a real test of how strongly you feel about Highland Beach and its legacy. Joe Yucht -Boca Highlands For the record, he submitted a document that he and Mike Ferrara worked on for Vice Mayor Zwick. Heard the Town Manager state that he and the staff were writing a report for the Commission. The Code requires a report from the Building Official. If you have ordinances, you need to enforce them or eliminate them. The staff of the Town and the County should get together to resolve the issues. The ordinance is very clear on what is needed for approval. Town has done a poor job. Do your due diligence. Mike Ferrara -Boca Highlands Not surprised that the County has requested a change in dates. Anew County Commissioner will be addressing this issue. This will create a technical issue. The county's application stated that it was subject to an archeological review. Require it to be done before a vote is Town Commission Workshop Minutes February 24, 2009 Page 3 of 8 taken. The County has failed to meet the burden of proof. Would like to know what the County does when a developer goes before the County Commission with an incomplete application. Reject it without prejudice until the application is complete. The Commission has a duty to reject the application until the County can submit a complete application. Dennis Sheridan - 3114 S. Ocean Blvd. I reiterate what has already been said. I am personally against the park -vote no. Need additional speed signs on AlA. Has a letter been written to St. Lucy's requesting use of their parking lot for the overflow? Recommend Ronnie Svenstrup for the Beaches & Shores Advisory Board. She is a very diligent worker. Harold Ha elmann -Boca Highlands Concur with previous statements. County has been caught in a lie since day one. Recommend that the Commission not grant an extension to the County on March 3rd, and just vote no. 3. PRESENTATIONS None ~#. BOARDS AND CONIlVIITTEES 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 Interview of Applicant -Ronny Svenstrup - 3310 S. Ocean Blvd. Mrs. Svenstrup stated that if she is appointed, she would continue to promote and maintain the Town's beautiful beaches. Presently she is a member of the Grounds Committee at Seagate, and is quite knowledgeable of sea tolerant plantings, and would bring this knowledge to the Board. Appointment to be included on the March 3rd consent agenda. D) Monthly Board Meetings • Planning Board -Mar. 6th -Special - 9:30 A.M. • Beaches & Shores Advisory -Mar. 9th -Regular - 9:30 A.M • Election -Mar. lOd' - 7 AM - 7 PM - St. Lucy's • Planning Board -Mar 11th -Regular - 9:30 A.M. Town Commission Workshop Minutes February 24, 2009 Pale 4 of 8 • Bd. of Adjustment -Mar. 17th -Regular - 9:30 A.M. • Code Enforcement Board -Mar. 18th -Regular - 9:30 A.M. • Cultural Advisory -Mar. 26th -Regular - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS A) Amending Chapter 24 of the Town Code Dealing with Solid Waste PROPOSED ORDINANCE NO. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING CODE SECTIONS 24-1 AND 24-3 OF CHAPTER 24 SOLID WASTE OF THE CODE OF ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE. Town Mana eg r Su erman - As we have undertaken a more conscientious effort to provide code enforcement issues dealing with solid waste throughout the community, we have discovered that our current Code has two deficiencies which are making it difficult to provide strict enforcement. First, the current Code which was written in 1972, does not address the topic of recyclable materials. Second, there is a provision that regulates the earliest time that trash can be out at the curb, does not cover all types of solid waste, and there is no provision when the property owners must remove their containers from the edge of the street after the solid waste has been collected. The draft ordinance contains two specific provisions. Section 24-1 is being modified to create a definition for recycling. This will give us the ability to enforce a code provision having to do with recycling materials. Section 24-3(b) is being modified to make it clear that all forms of solid waste cannot be brought to the curb any earlier than noon on the day before pickup, and the empty containers must be taken back in prior to 8:00 pm on the day of pickup. The draft ordinance has been reviewed by both the Police and Building Departments and the Town Attorney. Since this is being presented as an ordinance, it will need two readings. It is being introduced at the Workshop Meeting to obtain input from members of the Commission and the public. Schedule for first reading. 6. NEW BUSINESS A) Annual Performance Evaluation of the Town Manager Mayor Newill -The Sunshine Laws require that this evaluation be done in a public meeting. Commissioner Trinley -Would like to compliment the Town Manager on a super job this past year. Mayor Newill - At next week's meeting, we will establish the amount of the Manager's merit increase. Town Mana eg r Su eg rman - My contract calls for the evaluation to be done in a public meeting. A resolution will be included on next week's regular agenda with the percentage left blank. Thank you for your critiques and positive comments. Town Commission Workshop Minutes February 24, 2009 Page 5 of 8 B) Approval of the Special Exception Application of Palm Beach County for the Cam D. Milani Park (Recessed until March 3, 2009) Mayor Newill -Continued until the regular meeting. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Minutes January 27, 2009 -Workshop Meeting February 3, 2009 - Regular Meeting Minutes to be included on the March 3rd consent agenda. 8. REPORTS -TOWN COMMISSION A) Commissioner John Pa liaro -Can the advertised on Channel 97? Mavor Newill - times on Channe197 before the next meeting. possible change of dates for Milani Park be The tape of this meeting will be played three B) Commissioner John Sorrelli -Town Manager can you tell me what is your salary? Town Mana e~ r Su erman - My base salary is $129,715.00. In addition, I receive the same benefits as do all other full time employees -health, dental and life insurance. My contract calls for a few additional perks - a $500.00 car allowance, deferred comp of 15% of my base salary and a $50 or $100,000.00 life insurance policy. Mayor Newill - He said he receive all benefits as do other full time employees, but he actually does not. He wrote himself out of the education incentive bonus. Commissioner Trinley - At one time the Town Manager was eligible fora 7% merit increase. C) Commissioner Trinley - No Report. D) Vice Mavor Zwick -Feel the political signs need to be controlled. After the election, an ordinance should be proposed only allowing political signs to be displayed for a two week window only prior to the election. E) Mayor Newill - Agree with the Vice Mayor. After the election, will propose an ordinance to include political signs in the code. 9. REPORTS -TOWN ATTORNEY Town Attorney Sliney - As requested, I have drafted an ordinance dealing with the nuisance obstructions on AlA. The nuisances are identified as: reflectors, concrete pyramids and concrete rounds. Mayor Newill -Had voted no on submitting this ordinance. Do not see any aesthetic problem with rounds as they help the residents. Do not like the reflectors. Vice Mayor Zwick -Why only rounds and pyramids? What happens if Town Commission Workshop Minutes February 24, 2009 Page 6 of 8 someone installs a square? Should it not be any concrete obstruction? Need concise definitions. Attorney Sliney -Maybe we need to tie the definition down. 10. REPORTS -TOWN MANAGER Town Mana er Su eg rman - At a prior Commission meeting, I was asked if I could provide the Town Commission with some information on the use of a special magistrate for conducting code enforcement hearings, rather than using a citizen's board as is our current practice. Part 1 of Chapter 162 of the Florida State Statutes allow a municipality to adopt by ordinance, a code enforcement system that gives either a code enforcement board, or a special magistrate, the authority to hold hearings and assess fines against violators of the respective municipal code of ordinances. A code enforcement board is made up of five or seven citizens. A special magistrate is just one individual, typically an attorney. However, many retired judges also sit as special magistrates. The special magistrate and the code enforcement boards have the exact same authority, obligations and responsibilities. The rules for conducting hearings and for making findings are the same, whether the case is heard by a citizen board or is heard by a special magistrate. It appears that there are many examples of the use of both methods for conducting municipal code hearings. Valerie Oakes' research has found that there are 11 municipalities in Palm Beach County that have switched from a code enforcement board to a special magistrate. It appears that the choice really comes down to a policy decision of the Town Commission. If the Commission is interested, we could issue a Request for Proposals to individuals who might be interested in serving as our code enforcement special magistrate. I would like to explore this option further. Your input and direction is respectfully requested. Commissioner Sorrelli -Would like to see it go further. Commissioner Trinlev -Agree. Let us investigate further. Sometimes it is difficult for a resident to go against another resident. Manager Sugerman -Will do some further investigating and get back to you. The Commission would have to adopt an ordinance to make this change. 11. CONSENT AGENDA None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Mrs. Feldman - 2640 S. Ocean Blvd. In addition to the garbage cans being left out on the street for days, the complex across the street from me has a cyclone fence that has been there for years. It needs to be taken down. Town Manager Su eg rman -Mrs. Feldman is correct. There is pending litigation between the developer, Town, and residents. A Planning Board Special Meeting is scheduled for March 6~' to address some of these items. Town Commission Workshop Minutes February 24, 2009 Pa eg? of 8 Joe Yucht -Boca Highlands Raise the question about the Commission changing the date on making decision regarding Milani Park. There is an election in March. You might have a new Commission making the decision. This could bring a law suit. Obstructions on AlA. The Commission is against the reflectors. How about the little flags? The reason for the reflectors is to keep cars off the grass. The Boca Airport Authority is meeting this evening, does anyone have any concerns? Commissioner Pagliaro -What is the procedure of changing the flight patterns? J. Yucht - FAA has control over the flight patterns of the planes, but not helicopters. When they approach from the north, they fly parallel to 1-95. Coming in from the south, they go over the Town Center Mall. Boca Airport has no control of the flight patterns. Commissioner Sorrelli -Any truth to the rumor that they are going to extend the runway another 1,000 feet? J. Yucht -The chances of extending the runway are niL Harold Ha elmann -Boca Highlands Concerned about the Town Manager's report. If we get a special magistrate, then we would eliminate the Code Enforcement Board. Against eliminating a board made up of appointed residents. Would like to see us maintain our own appointed board. Lucy Miller -Would like to thank the Commission for appointing Ronnie Svenstrup to the Beaches & Shores Advisory Board. Beverly Knight -Trash pickup -Sunday is prime time for real estate. Does not help us to promote Highland Beach real estate when people are putting their trash out at noon. Apologize to Mr. Yucht if I did not know about the bond issue. The Commission should vote on March 3~ after everything that the County has done to us. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Workshop Meeting at 3:55 P.M. upon a MOTION by Commissioner Sorrelli seconded by Commissioner Trinley. APPROVE: ' w A p Jim New ,CPA, Mayor Town Commission Workshop Minutes February 24, 2009 Page 8 of 8 ATTEST: Be rly M. Bro n, MMC, Town Clerk Date: