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2009.03.03_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, March 3, 2009 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 Town Manager Sugerman stated he would like to introduce the new Building Official under Presentations. 2. PUBLIC COMMENTS AND REQUESTS Allen Strumwasser -Boca Highlands Stated he was attending this meeting as a member of the "Friends of the Library." Recently there has been some confusion caused by the solicitation letters sent out by the Cultural Board and Friends of the Highland Beach Library. Since we are a volunteer board, we do not report to the Town, but would like to update you on our activities and the support that we give in donating educational, cultural and social programs and equipment to the Highland Beach Library. With the support of generous donors in 2008 the Friends of the library were able to fund: 15 musical events; 23 educational sessions; an on-line book club with 400 active participants, $5,000 in furnishings for the library patrons and support for an outdoor bulletin board. We are proud of our library and its service to the Town and are pleased to volunteer our time and effort. We would like to invite you to attend our annual meeting on Thursday, March 26th at 9 AM in the community room at the Library. Town Commission Minutes March 3, 2009 Page 2 of 9 Joe Yucht -Boca Highlands It is now put up time for the Commission. The debate has ended on Milani Park, and the Commission needs to vote on the special exception application. Since the hearings began, I have attended every single one. Not one single resident of Highland Beach has spoken in favor the park. We know you are governed by a higher body. We also know that the County cannot be denied the right to put in a park on that site. It is no brainier by the Commission to give the County an extension to iron out the differences. George Kelvin -Brae Mar Isle The residents are asking you to vote no on the Milani Park. In these economic times, we should not be building a park. Recently found out that the County is asking for a continuance. That is not acceptable. Dennis Sheridan - 3114 S Ocean Blvd. I am not privy to the conditions that are being imposed on the special exception application. All these conditions should be clarified and met prior to issuing a building permit. Personally against the proposed park. Can the Town Attorney give a clarification on Item #SD of the agenda? Town Attorne Shy -The Code Enforcement Board would have the administrative authority over the obstructions. Max Angel -Villa Magna Mary McCarty stated that because of the bond issue we were required to have a beach park. This statement was incorrect. I believe the Commission should vote against it. Mike Ferrara -Boca Highlands Apologized for having to appear in a wheel chair. The alternative to rejecting the application would be to have the county return with a clean application. The Commission could vote to reject the application "without prejudice." This would permit the County to return with a clean application without prejudice and without going back through Planning. Harold Ha elg_ mane - 4748 S. Ocean Blvd. Mary McCarty previously stated that there would be a bathing park on this site before she left office. Well -she is out of office. Please vote no on this park. Rachel Scala-Pistone - 2917 S. Ocean Blvd. Would like to thank the Commission for all the time and effort they have put into this project. The Town's residents do not want this park. Neither do I. Need to have a vote today to let people know how you feel. There are so many avenues to explore. When will we be hearing from the Town's attorney? 3. PRESENTATIONS Town Mana er Su . erman -The contract that we have with Independent Inspection requires them to provide us with a full time building official. Geoffrey Varone is an employee with Independent Inspections and will be assigned to Highland Beach as our Building Official. Geoffrey holds a Bachelor of Science Degree in Engineering and is a licensed building Town Commission Minutes March 3, 2009 Page 3 of 9 official in Florida. He has previously worked in Martin, Okeechobee and Palm Beach Counties. 4. BOARDS AND COMMITTEES A) Board Correspondence None B) Board Action Report Read into the record by Town Clerk Brown. C) Board Vacancies Code Enforcement Board Two unexpired terms: One unexpired term ending 7/2011 and the other ending 5/2009 D) Monthly Board Meetings -read into the record by Town Clerk Brown. • Planning Board -Mar. 6~' Special - 9:30 A.M. • Beaches & Shores Advisory -Mar. 9th -Regular - 9:30 A.M • Election -Mar. 10, 2009 - 7 A.M. - 7 P.M. • Planning Board -Mar. 11th -Regular - 9:30 A.M. • Board 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. RESOLUTION N0.09-004 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CONCERNING THE SPECIAL EXCEPTION APPLICATION OF PALM BEACH COUNTY FOR DEVELOPMENT OF MILANI PARK Town Manager Superman -Palm Beach County has submitted an application to the Town of Highland Beach to build a public recreation facility on property owned by the County at the southern portion of the Town. Before the Town would ever issue a building permit for a public recreation facility, we would have to determine if that type of use (a public recreation facility is even allowed within that zoning), on the property owned by the applicant. That determination is specifically governed by the rules of the Town's Code. The issue before the Town Commission at this point is the following: Is a public recreation facility even allowed on the property owned by Palm Beach County? The answer to the questions is very, very clear. A public recreation facility is an allowed use on the property owned by Palm Beach County, but only after the granting of a special exception by the Town Commission. The granting of a special exception for this land use as a public recreation facility has a number of steps to it: 1) The Building Official must review the application for this special exception use, and must determine if is proposed use does, or will, meet 19 special standards outlined in the Code. 2) The Planning Board must hold public hearings and they must issue a Town Commission Minutes March 3, 2009 Page 4 of 9 recommendation to the Town Commission as to the advisability of granting a special exception use. In their recommendation of approval, They may forward if to the Town Commission with conditions of approval attached to that recommendation. 3) The Town Commission must also hold public hearings and then, based upon the input of the Building Official, the Planning Board, the Town Staff, and the citizens of our community, the Town Commission must make a determination one of three ways on the request to use the property for a public recreation facility. The Commission's choices: are to approve the special exception application for the use of the property as a public recreation facility; or, to deny the special exception application for the use of the property as a public recreation facility; or, to approve the use of the property as a public recreation facility; or, to approve the use of the property as a public recreation facility with a list of conditions attached to that approval. This is not, and I repeat, this is not a decision to issue a building permit to construct the Cam D. Milani Park on the property owned by Palm Beach County at the south end of the Town. The only issue before the Town Commission at this point in time is to make a determination on the use of the land for a public recreation facility; and, if there should be an approval of the use, if there should be a denial of the use, or if there should be an approval of the use with certain conditions. The Building Official has already weighed in on the status of the 19 special standards. The Planning Board has already forwarded its recommendation with a list of 33 proposed conditions of approval. The Town Commission held a detailed and comprehensive public hearing over the course of three meetings over a period of three months, with lots of evidence and strong beliefs entered into the record. Everyone had an opportunity to weigh in on the issue, and the Town Commission was very gracious with their time and in the dedication of their energy to this application. It is now time for a decision on the acceptability of the use of this property as a public recreation facility. And now the Town staff has recommended that the Town Commission grant an approval for the use of the land (not the issuance of a building permit), but for the use of the land as a public recreation facility. However, we have done so with a total of 59 conditions on that use. We have shared our proposed 59 conditions with Palm Beach County. They have reviewed the list, and they have asked us for some additional time to study, understand, and to offer to the Town some alternative language for those proposed conditions. Therefore, they have asked for a continuance of today's agenda item so that additional time can be used for some further negotiations on the language in the proposed 59 conditions. It is my sense that the Commission would do no harm in granting the continuance. To do so would not waive any right of the Commission to ultimately approve, deny, or approve with conditions the proposed application for the special exception. That concludes my opening remarks on the matter. I'd be happy to answer any questions that Commissioners have. I'm sure the Town Attorney would like an opportunity to make a few comments, as would the applicant. Town Attorney Tom Baird had no questions at this time. County Attorney Amy Petrick - On Friday, February 20a', we received a copy of the proposed conditions of approval for the special exception application for the Cam D. Milani Town Commission Minutes March 3, 2009 Page 5 of 9 Park. Upon completing a preliminary review, we have determined that additional discussion at the Staff level may clarify/eliminate many of the issues raised by us following our review of the proposed conditions. Accordingly, we are hereby requesting a continuance to allow for such Staff discussions to occur. This will allow us the opportunity to meet with Staff to discuss our issues. Due to the amount of time consideration of the application at a Town Commission meeting may take, we are respectfully requesting that the Town consider scheduling a special meeting for this application anytime after April 13, 2009. Town Attorney Baird -Agree with both the Town Manager and Ms. Petrick, granting a continuance will not prejudice the Town. MOTION: Commissioner Trinlev moved to proceed with a continuance on the Palm Beach County special exception application; seconded by Vice Mayor Zwick. ROLL CALL: Commissioner Trinley - Yes Vice Mayor Zwick - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Mayor Newill - Yes Motion passes with a 5-0 vote. Special Town Commission Meeting scheduled for Apri127, 2009 at 1:30 P.M. A ten minute recess was taken at 2: 25 P.M. Meeting called back to order at 2:35 P.M. B. RESOLUTION N0.09-005 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, AUTHORIZING A SALARY ADJUSTMENT FOR THE TOWN MANAGER Town Attorney Sliney stated that there is no set procedure in determining the amount. A Commissioner should make a motion to set a percentage. MOTION: Commissioner Trinlev moved to grant the Town Manager a 5% salary adjustment; seconded by Commissioner Pa liaro. Commissioner Pa lg iaro - On my evaluation I did not include a percentage amount, but I feel the Manager is very deserving of a 5% increase for all the research and work he does, Commissioner Trinlev - I had written a 4% increase on my evaluation, but also feel he deserves the 5%. Town Mana eg r Su erman - I appreciate the percentage and thank you for your positive comments. Although the Town's finances are stable, I am reluctant to take the 5%, and Town Commission Minutes March 3, 2009 Pale 6 of 9 prefer that you grant me a 3.5% raise. Therefore, I would like to request that the maker and the second withdraw their motion. I enjoy being the Town Manager, but times are tough. I will be happy with a 3.5% increase. Commissioner Trinlev -Reluctant to withdraw the motion, but understand your position and will withdraw the motion. Commissioner Pa lg iaro - I withdraw the second. Comm. Trinlev - Is 5% budgeted? Mana eg r Su erman -Actually 7% was budgeted. MOTION: Commissioner Sorrelli moved to grant the Town Manager a 3.5% salary adjustment; seconded by Vice Mavor Zwick. ROLL CALL: Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Commissioner Trinley - Yes Commissioner Pagliaro - Yes Mayor Newill - Reluctantly Yes Motion passes with a 5-0 vote. C. ORDINANCE N0.09-001 O -First Reading 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 Clerk Brown read the title of Ordinance No. 09-001 O into the record. Mavor Newill opened the public hearing. Not receiving any comments, the public hearing was closed. Commission comments: None Mayor Newill -Ordinance No. 09-001 O will be carried over to the Apri17, 2009 meeting for second reading. D. ORDINANCE N0.09-002 O -First Reading AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROHIBITING CERTAIN OBSTRUCTIONS IN THE STATE ROAD A-1-A RIGHT OF WAY AND AMENDING CODE SECTIONS 17-2 AND 17-5 OF CHAPTER 17 NUISANCES OF THE CODE OF ORDINANCES AND AMENDING THE CODE SECTION 2-98 UNDER CHAPTER 2 ADMINISTRATION ARTICLE V CODE ENFORCEMENT BOARD AND PROVIDING FOR AN EFFECTIVE DATE. Town Commission Minutes March 3, 2009 Page 7 of 9 Town Clerk Brown read the title of Ordinance No. 09-002 O into the record. Mayor Newill opened the public hearing. Not receiving any comments, the public hearing was closed. Commission comments: Vice Mayor Zwick -This will eliminate the unsightly nuisances along the side of the roads. Mayor Newill - I see no problem with the rounds, just the reflectors. Mayor Newill -Ordinance No. 09-002 O will be carried over to the April 7, 2009 meeting for second reading. 6. NEW BUSINESS A) Setting a Date for a Special Meeting to Certify the Results of the March 10~' Municipal Election Town Mana eg r Su erman -The municipal election is being conducted on March 10, 2009. It is our understanding that the Supervisor of Elections will be able to certify that election by the close of business on Thursday, March 12`t'. Under the provision of Section 1.06 (7) of the Town Charter, the Commission shall meet and publicly canvass the returns of the election and certify the results. Under the provision of Section 1.06 ($), the elected Commissioners shall take office immediately upon certification of the election results. It has been suggested that we hold the Special Meeting to certify the results of the March 10`t' municipal election on Friday, March 13`t'. In order to do so, the Special Meeting will have to be voted upon by the Commission. That can be accomplished by a simple motion, second, discussion and a vote. MOTION: Vice Mayor Zwick moved that the Town Commission hold a special meeting on Friday, March 13, 2009 at 9:30 A.M. to accept the election results and have the newly elected Vice Mayor/Commissioner and Commissioner take the oath of office; seconded by Commissioner Sorrelli. ROLL CALL: Commissioner Pagliazo - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passes with a 5-0 vote. 7. MISCELLANEOUS -ITEMS LEFT OVER Town Commission Minutes March 3, 2009 Page 8 of 9 None 8. REPORTS -TOWN COMMISSION Commissioner Pa lg iaro - No Report. Commissioner Sorrelli - No Report. Commissioner Trinley - No Report Vice Mayor Zwick -With all the discussion regarding Milani Park, and the need for a bathing park in south county, what is the point of constructing archaeological kiosks? Who is going to utilize them? Maybe the county can reduce the cost of the park by eliminating them. Manor Newill - No Report 9. REPORTS -TOWN ATTORNEY No Report. 10. REPORTS -TOWN MANAGER No Report. 11. CONSENT AGENDA A. Board Appointments: Beaches & Shores Advisory Board -one three-year term (03/09 - 02/12) Rosalind Svenstrup B. Minutes: January 27, 2009 -Workshop Meeting February 3, 2009 -Regular Meeting MOTION: Vice Mayor Zwick moved to adopt the Consent Agenda; seconded by Commissioner Sorrelli. A voice vote was taken with all in favor. 12) PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT Town Commission Minutes March 3, 2009 Page 9 of 9 MEETING Mike Ferrara -Boca Highlands Do not personally know Dale Sugerman, but did see something that other people in the county, Tallahassee, and Washington D.C. should see. He had 5% in his pocket, 7% in the budget, but requested 3.5%. Years ago, the Clerk was the administrator of the town. The Manager and the Clerk in Highland Beach are both very co-operative and knowledgeable. Joe Yucht -Boca Highlands In April you will be making a decision on Milani Park -accept, deny, or accept with conditions. Can you deny with conditions? Town Attorney Sliney - I will be happy to look into it. Mr. Yucht -Want to compliment the town for approving a continuance that the county requested. When the staff meets will it be a public meeting? Town Attorney Sliney - Staff can meet privately. Rachel Scala-Pistone -Villa Magna Do want to apologize. Did not know we have an attorney at bey. Disappointed that you did not feel comfortable enough to make a decision on Milani Park. In this economy, everyone has a melt down and is affected. Would have liked to have seen one of the Commissioners to have made a motion of a lesser percentage. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 3:10 P.M. upon a MOTION by Commissioner Sorrelli and seconded by Commissioner Pa liaro. APPRO` ATTEST: Beverly M. own, MMC Date Town Cler