2009.05.05_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, May 5, 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
Agenda accepted as presented.
2. PUBLIC COMIVIENT5 AND REQUESTS
Michael Ferrara -Boca Highlands
Presented a prepared statement that he had submitted to the Boca Hi Center Board
recommending that the Board meet with the County to determine the actual western
boundary line between the County's property and Boca Hi. In reviewing the quit claim deeds
on file and the measurements on the survey, there are some serious questions over the actual
boundary. Boca Hi needs to be guaranteed access to their sanitary sewer line and storm
drain.
Joe Yucht -Boca Highlands
I personally have dealt with the surveys on this property for a long time. The Boca Hi Center
Board has met with Mrs. Milani numerous times to attempt to come to an agreement on the
boundary lines. The sewer line was built in 1978 without any type of written agreement. An
easement will have to be made between Boca Hi and the County to correct the abnormalities.
• Hope the Town will assist us in resolving this problem.
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May 5, 2009 Pa e 2 of 6
• 3. PRESENTATIONS
None
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
Planning Board -One three-year appointment (June 2009 -May 2012)
Clerk Brown stated that the second applicant withdrew his name since last meeting.
MOTION: Vice Mayor Zwick moved to appoint Paul Resnick to the Planning Board for a
three-year term beginning June 2009 -May 2012; seconded by Commissioner Pa liaro.
Motion passed with a unanimous voice vote.
• D) M.
mthly Board Meetings -read into the record by Town Clerk Brown.
Beaches & Shores Advisory -May 12th -Regular - 9:30 A.M.
Planning Board -May 13th -Regular -Canceled
Board of Adjustment -May 19th- Regular- 9:30 A.M.
Code Enforcement Board -May 20th -Regular - 9:30 A.M.
Planning Board -May 21st -Workshop - 9:30 A.M.
Cultural Advisory -May 28th -Regular - 9:30 A.M.
5 PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 09-003 O -Second Reading and Public Hearing
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
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May 5, 2009 Pa e 3 of 6
• Mayor Newill opened the public hearing.
Mike Ferrara -Boca Highlands
Assume the ordinance. includes notices, times and fines. If there is a violation will it still be
noticed by the Town Building Official? Where would the violator appeal?
Town Attorney Sliney - The Ordinance gives the Town the ability to either use a Magistrate
or the Code Enforcement Board. None of the administrative procedures have changed. A
violator would appeal to the courts.
Mayor Newill -The Town will now receive administrative fees.
Town Mana e~ erman -The ordinance does not allow the Magistrate to waive
administrative costs.
Mayor Newill -Does the Commission have any comments?
Mana er Sum -There is an error in the title of the Ordinance. Is this a scrivener's error
or should a motion be made to amend the ordinance?
Town Attorney Sliney -Scrivener's error.
• MOTION: Commissioner Sorrelli moved to adopt Ordinance No. 09-003 O on second
reading; seconded by Vice Mayor Zwick.
Discussion on the Motion:
Commissioner Pa lg iaro -Highland Beach is not only a special place to live, but its residents
enjoy participating in the government. Elimination of the Code Enforcement Board reduces
resident participation. This is the second board that the Commission has eliminated.
Diversity of ideas is inherent in the democratic process. Whenever the Code Enforcement
Board met, there was always an attorney present.
ROLL CALL:
Commissioner Sorrelli - Yes
Vice Mayor Zwick - Yes
Commissioner Pagliaro - No
Commissioner Trinley - Yes
Mayor Newill - Yes
Motion passes with a 4-1 vote.
6. NEW BUSINESS
• None
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May 5, 2009 Page 4 of 6
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7. MISCELLANEOUS -ITEMS LEFT OVER
None
8. REPORTS -TOWN COMMISSION
Commissioner Pa lg iaro - No Report.
Commissioner Sorrelli - No Report.
Commissioner Trinley - No Report
Vice Mayor Zwick - No Report.
Mayor Newill -Two things - 1) At our last workshop, I stated that we would be appointing a
Census Committee to partner and assist the Census Bureau in delivering the message to all
residents. The following are appointed to that Committee: Lou Stern -Chairman; Mary
Angel, Ron Brown, Gerry Pagliaro, Rosalind Svenstrup and Dennis Sheridan. 2) For the
past four years you have asked me to be the go-between for the Commission and the town
staff by providing oversight on the budget. Do you want me to do that this year?
• MOTION: Commissioner Sorrelli moved to appoint Mayor Newill as the liaison between
the Commission and the Town Staff in working on the 2009-2010 budget; seconded by
Commissioner Trinley.
Motion passed with a unanimous voice vote.
9. REPORTS -TOWN ATTORNEY
No Report.
10. REPORTS -TOWN MANAGER
I recently received a phone call notifying me that the Town is going to be placed on the
fundable list with the State of Florida Department of Environmental Protection for the State
Road AlA Water Transmission Line. A hearing is scheduled for May 13~' in Tallahassee to
finalize the list, but it will be a formality. This will not be a grant but a low interest loan
within the 3-3 1/z % range. If we borrowed the money from a commercial bank, the range
would be 5-7%. This will drop our costs considerably. The maximum amount allowed to be
borrowed with this low interest loan is 3 million. This past week end, the project was
advertised for bid in the Palm Beach Post. We are expecting the bids to come in between $3
and $3.8 million dollars.
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May 5, 2009 Pa eg 5 of 6
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11. CONSENT AGENDA
A) Minutes
March 13, 2009 -Special Meeting
March 31, 2009 -Workshop Meeting
Apri17, 2009 -Local Planning Agency
Apri17, 2009 -Regular Meeting
MOTION: Commissioner Sorrelli moved to adopt the Consent Agenda; seconded by
Commissioner Pa lg iaro.
A voice vote was taken with all in favor.
12) PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Joe Yucht -Boca Hi lands
How is this going to work between now and July 1St with the Special Magistrate? Who is
• going to hear the complaints? If someone filed a complaint against me, I would rather the
Code Enforcement Board hear the complaint.
Town Attorne~X - If the Code Enforcement Board is still in affect, they will hear the
complaint.
Town Mana er Su eg_rman -Complaints are not brought by residents but by the Building
Official. Once the property owner is notified, he is given time to correct the deficiency. It
takes 60 or 70 days before the process is complete. There are no outstanding complaints at
present.
Mike Ferrara -Boca Highlands
Compliment the manager on working on trying to obtain the stimulus money.
Mayor Newill -Commend the police department on the quarterly reports. The first quarter
of 2009, 94 moving citations were issued compared to 42 for the same time in 2008; with 58
non-moving violations compared to 151ast year.
AD.TOURNMENT
There being no further business to come before the Commission, Mayor Newill adjourned
the Regular Meeting at 2:15 P.M. upon a MOTION by Commissioner Sorrelli and
• seconded by Commissioner Pagliaro.
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May 5, 2009 Page 6 of 6
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APPROVE:
Trinley,
John J. Sorrelli,
John ~i.~Pagliaro
ATTEST•
everly M. rown, MMC
Town Cler
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D to
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