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2009.04.07_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday,, Apri17 2009 1:42 P.M. Mayor Jim Newill, CPA called the Regular Meeting to order in Commission Chambers at 1:42 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 CONIlVIENTS AND REQUESTS None 3. PRESENTATIONS A) Proclamation -Water Conservation Month Mayor Newill presented a Proclamation declaring the month of April "Water Conservation Month" to Laura Corry of the South Florida Water Management District." Laura thanked the Town of Highland Beach for their support in the ongoing water conservation effort. 4. BOARDS AND COMIVIITTEES A) Board Correspondence None C7 Town Commission Minutes April 7 2009 Page 2 of 9 B) Board Action Report • Read into the record by Town Clerk Brown. C) Board Vacancies Code Enforcement Board -Two unexpired terms D) Monthly Board Meetings -read into the record by Town Clerk Brown. • Planning Board -April 8~' -Regular -Canceled • Planning Board -April 8~' -Workshop - 9:30 A.M. • Beaches & Shores Advisory -April 14th -Regular - 9:30 A.M • Code Enforcement Board -April 15~' -Regular - 9:30 A.M • Board of Adjustment - Apri121st-Regular- 9:30 A.M. • Cultural Advisory - Apri123rd -Regular - 9:30 A.M. 5 PROPOSED ORDINANCES AND RESOLUTIONS: A. RESOLUTION N0.09-006 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA ADOPTING THE EVALUATION AND APPRAISAL REPORT OF THE COMPREHENSIVE PLAN; STATING THE INTENT OF THE TOWN COMMISSION TO AMEND THE COMPREHENSIVE PLAN BASED UPON THE • RECOMMENDATIONS CONTAINED IN THE REPORT; AND APPROVING THE TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND REVIEW AGENCIES IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES. Town Manager Su eg rman -The Town staff, in cooperation with our planning consultants the Bell David Planning Group, has completed our draft Evaluation and Appraisal Report (EAR) consistent with the Evaluation and Appraisal Report requirements of Chapter 163.3191 of the Florida Statutes and Rule 9J-5 of the Florida Administrative Code. This completion of the draft EAR also included our sending an initial draft of the proposed EAR to the Department of Community Affairs and other review agencies for their comments. We have now received all of their comments back which has led to the final draft being presented to you today. The Local Planning Agency met earlier today and recommended the transmittal of the report to the Department of Community Affairs and the other review agencies. MOTION: Commissioner Sorrelli moved to adopt Resolution No. 09-006 R; seconded by Commissioner Pa lg iaro. Motion passed with a unanimous voice vote. • B) RESOLUTION N0.09-007 R Town Commission Minutes AQri17 2009 Pale 3 of 9 • A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION N0.08-009 R WHICH APPROPRIATED FUNDS FOR THE 2008-2009 FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2008 AND ENDS SEPTEMBER 30, 2009 Town Mana eg r Su eg rman -There are a number of adjustments that need to be made to the annual operating budget as we approach the mid-point of the year. These adjustments include: $50,000.00 for Milani Park; $1,095.00 -Asset tagging; $39,950.00 -Police Department radios for a total $91,041.70 to be transferred from General Fund Reserve for Contingency. Cultural Board - $7,500.00 money to be transferred from the Cultural Board Fund. $4,200,000.00 - SR AlA Water Main Project -source of funding to be derived from FederaUState grants or loans; SR AlA Sidewalk project -source of funding to be derived from FederaUState grants and the Open Space and Recreation Land Fund. MOTION: Commissioner Sorrelli moved to adopt Resolution No. 09-007 R; seconded by Vice Mayor Zwick. Motion passed with a unanimous voice vote. C) ORDINANCE N0.08-002 O -Second Reading -Public Hearing AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF • HIGHLAND BEACH, FLORIDA TO ADOPT A 20-YEAR WATER SUPPLY WORK PLAN AND TO AMEND THE TOWN COMPREHENSIVE PLAN TO STRENGTHEN COORDINATION BETWEEN WATER SUPPLY AND LOCAL LAND USE PLANNING; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR INCLUSION; PROVIDING FOR REPEAL OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING HELD ON AUGUST 5, 2008) After the Town Clerk read Ordinance No. 08-002 O into the record; Mayor Newill opened the Public Hearing. Receiving no comments, the Public hearing was closed. MOTION: Commissioner Sorrelli moved to adopt Ordinance No. 08-002.0 on second reading; seconded by Commissioner Pa lg iaro. ROLL CALL: Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a unanimous vote. Town Commission Minutes Apri17 2009 Pale 4 of 9 D) ORDINANCE N0.09-001 O -Second Reading -Public Hearing • 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. The Town Clerk read Ordinance No. 09-001 O into the record. Town Mana eg r Su e~ -Thanked Beverly Knight for bringing to his attention the fact that recycling was not part of the code. The ordinance also addresses the time period when trash containers can be placed at the curb and the time in which they need to be removed from the curb. Mayor Newill opened the Public Hearing. Receiving no comments, the Public Hearing was closed. MOTION: Commissioner Trinley moved to adopt Ordinance No. 09-001 O on second reading; seconded by Commissioner Sorrelli. ROLL CALL: Commissioner Trinley Commissioner Sorrelli Commissioner Pagliaro Vice Mayor Zwick - Mayor Newill - Yes Yes Yes Yes Yes Motion passed with a unanimous vote. E) ORDINANCE N0.09-002 O -Second Reading -Public Hearing 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. The Town Clerk read Ordinance No. 09-002 O into the record. Town Mana eg r Su eg_rman -This ordinance was proposed to regulate certain obstructions in the State Road AlA right-of-way. The ordinance does not become effective for 90 days, allowing us the time to notify the condo's and property owners. We will be using Channel 97, the Highlander and direct mail to notify people. CJ Town Commission Minutes Apri17 2009 Page 5 of 9 Town Attorney Sliney - In sections 2 and 3, we have included the wording and/or Special • Magistrate in reference to jurisdiction. Mayor Newill - I thought the manatee mailboxes were to be included? Mana er Superman - We were led to believe that mailboxes would not to be part of the ordinance. Attorney Sliney - Undoubtedly, there will be some additional changes in the future. It will take some getting use to. Mayor Newill opened the Public Hearing. PUBLIC COMMENTS: Al Gersowitz - 3215 S. Ocean Blvd. Everything that is being band should be listed in Section 3 of the Ordinance. My recommendation is to band everything put there by man, unless you get a permit. How will this ordinance be enforced? In addition, somewhere in the code, there needs to be an exact definition of the location of the right-of-way? I have come to Town Hall and asked that question numerous times. The common answer is 60 feet from the center of the road. Receiving no further comments, Mayor Newill closed the Public Hearing. MOTION: Commissioner Pagliaro moved to adopt Ordinance No. 09-002 O on second reading; seconded by Commissioner Sorrelli. • ROLL CALL: Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - No Motion passed with a 4-1 vote. F) ORDINANCE N0.09-003 O -First Reading AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, AMENDING ARTICLE V, ENTITLED CODE ENFORCEMENT BOARD OF CHAPTER 2 ENTITLED ADMINISTRATION OF THE CODE OF ORDINANCES BY ESTABLISHING THE POSITION OF SPECIAL MAGISTRATE AS AN ALTERNATIVE CODE ENFORCEMENT PROCEDURE, WHICH SPECIAL MAGISTRATE SHALL HAVE THE JURISDICTION AND AUTHORITY TO HEAR AND DECIDE ALLEGED VIOLATIONS OF ALL CODES AND ORDINANCES OF THE TOWN; DISCHARGING THE CURRENT CODE ENFORCEMENT BOARD ON JULY 1, 2009; PROVIDING A CONFLICTS CAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE • Town Commission Minutes Apri17 2009 Page 6 of 9 Town Mana eg r Sugerman - We have draft legislation which will authorize the creation • of a Special Magistrate for the purpose of conducting code enforcement hearings. This draft legislation does the following: 1) It keeps the Code Enforcement Board option "on the books" in that the language for a Code Enforcement Board has not been eliminated 2) It authorizes the use of a Special Magistrate as an alternative to the Code Enforcement Board. The Special Magistrate must be an attorney admitted to the Florida Bar. 3) The draft ordinance also clarifies how code enforcement fines and liens are applied. In the case of liens, the draft ordinance modifies how long liens can be kept on the books from 5 years to 20 years. 4) The draft ordinance stipulates that while code enforcement fines maybe waived, administrative costs associated with prosecuting cases may not be waived. 'This item is being introduced on first reading for purposes of discussion only. The matter will be carried over to the meeting of May 5~' for its second reading, a public hearing and a vote. Vice Mayor Zwick -The last section discharges the current Code Enforcement Board on 7/1/2009. Mana e~ eg rman -The Board will be disbanded on July lst~ but the ordinance does not eliminate the Board altogether. If sometime in the future, the Commission wants to go back to a Code Enforcement Board, this will leave the option open. Town Attorne~Sliney -I believe this is the right way to go. If the Commission does not like the Special Magistrate, they may go back to a Code Enforcement Board. Commissioner Pa lg iaro -Personally have some concerns. Have listened to residents complain about the elimination of the Financial Advisory Board. By eliminating the Code • Enforcement Board are we sending a negative signal to residents that we do not want them to participate? Feel strongly we are moving in the wrong direction. Commissioner Sorrelli -This is what we need desperately. We cannot get residents to volunteer for openings on the Boards. When both regular and special meetings are scheduled, board members often do not show up. Commissioner Trinlev - It is difficult to ask residents to fine or go against another resident. I am in favor of going forward with this ordinance. Mayor Newill -Also agree. Residents have a problem fining another resident. Plus have never seen the fines enforced. 6. NEW BUSINESS A) Consideration of the Ratification of a Collective Bargaining Agreement Between the Town of Highland Beach, and the Florida State Lodge, Fraternal Order of Police, Inc. MOTION: Commissioner Trinlev moved to ratify the Collective Bargaining Agreement between the Town of Highland Beach and the Florida State Lodge, Fraternal Order of Police, Inc. effective this date; seconded by Commissioner Pa lg_iaro. Town Commission Minutes Apri17 2009 Pale 7 of 9 Mavor Newill -The economy is in bad shape. Current unemployment in Florida is 9.6°Io. • Definitely against lay offs and terminations. To maintain current employment status, a wage freeze will be necessary. Asking the Town Manager and staff to take a wage freeze going into the 2009-2010 budget year. The merit increase will not stop, only the cost of living. Commissioner Sorrelli -Agree with the Mayor. I also would like to see a wage freeze. There are a lot of foreclosures in Highland Beach. Vice Mayor Zwick - We are in a very difficult position. If we do not ratify the contract, do you think you could appeal to the FOP? Can you explain our reluctance to lay offs and wage cuts. Residents have made it clear that they want their own police department. Can we afford them? We all have to tighten out belts and cut back. Town Manager Su e~ -The short answer to your question is yes. You can direct me to go back to the table. The management team can declare an impasse. The Public Employee Relations Commission (PERC) would be called in, and a Special Master would be assigned. The Special Master would make a recommendation, but it would be non-binding on the commission. Commissioner Trinley -Has the money for the ratification of this contract been budgeted? Mana eg r Su e~ -Yes, it is included in this year's budget. Comm. Trinley - We just voted to approve the EAR report that states the median household income is $83,415.00. • ROLL CALL: Commissioner Trinley - Yes Commissioner Pagliaro - No Commissioner Sorrelli - No Vice Mayor Zwick - No Mayor Newill - No Motion fails with a 1-4 vote. MOTION: Commissioner Pa 1~ iaro moved to direct the Town Manager to return to the negotiating table; seconded by Vice Mayor Zwick. ROLL CALL: Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Commissioner Trinley - No Commissioner Sorrelli - No Mayor Newill - No Motion fails with a 2-3 vote. • Mayor Newill - I declare an impasse. Town Commission Minutes Apri17 2009 Page 8 of 9 7. MISCELLANEOUS -ITEMS LEFT OVER None 8. REPORTS -TOWN COMMISSION Commissioner Pag_liaro - No Report. Commissioner Sorrelli - No Report. Commissioner Trinley - No Report Vice Mayor Zwick - No Report. Mayor Newill - No Report 9. REPORTS -TOWN ATTORNEY No Report. 10. REPORTS -TOWN MANAGER • No Report. 11. CONSENT AGENDA A) Designating a Voting Delegate and Alternates to the Palm Beach County League of Cities B) Minutes February 24, 2009 -Workshop Meeting March 3, 2009 -Regular Meeting MOTION: Commissioner Trinley moved to adopt the Consent Agenda; seconded by Vice Mayor Zwick. A voice vote was taken with all in favor. • Town Commission Minutes Apri17, 2009 Page 9 of 9 • 12) PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Neil Maiorino -Parker Highlands Wondering if the Commission is aware that the FOP contract expired 9/30/08. The very next day, October ls`, all town employees except the police department were given a cost of living raise. Why not take that raise back. What the Commission is saying - is that the police department and just the police department are not entitled to a cost of living increase? ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 2:35 P.M. upon a MOTION by Commissioner Sorrelli and seconded by Commissioner Pa lg_iaro. ~' ~ ~1 APPROVE: ~ L Jim N ill, CPA, ayor r • Miriam S. Zwic ,Vic ayor A -TEST: Beverly M. Brow , MMC To n Clerk ~~ ~~ ~, Date C Doris M. Trinley, Commissioner