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2009.09.01_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, September 1, 2009 1.30 PM Mayor Jim Newill, CPA, called the Workshop Meeting to order in the Commission Chambers at 1:30 PM. 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 No additions. Mayor Newill stated that we will have the presentation by the Florida Department of Transportation before the Public Comments. 3. PRESENTATIONS A) Florida Department of Transportation Granting a Permit for the Installation of a Pedestrian Activated Traffic Control Device at the Boca Highland's Crosswalk Town Mana er Su e~ - I have asked representatives from District 4 of the Florida Department of Transportation to attend this meeting to discuss their procedure and process for making the determination to grant a permit for the installation of a pedestrian activated traffic control device at the Boca Highland's crosswalk. Town Commission Regular Minutes September 1, 2009 Pale 2 of 12 Mark Plass -Director of Engineering for District 4 covering Broward, Palm Beach, Martin and St. Lucie counties. We are responsible for all traffic control devices on state highways in this district. For the past seven years, we have been involved in traffic devices on crosswalks with the emphasis on safety. 'Three years ago, we were approached by Boca Highlands about their situation. They asked us to take a look at the crossing control device that they presently use. They were concerned as all drivers did not react to the flashing light when pedestrians were crossing the street. The request was to change the pedestrian activated amber light to a pedestrian activated red flashing light. Our initial response was, if the light is not flashing all the time, we will not approve it. Two years ago, we began discussions with Town staff. We did a couple of studies to determine the level of a crossing control device. The results indicated that the level of the present crossing control device was not adequate, but a full traffic signal was not appropriate. Although the Department did not feel the full light was necessary and that they would not spend department resources on a light, they would issue a permit if Boca Highlands paid for the light and installation and were able to make arrangements for the County to maintain it. Conclusion - If Boca Highlands wants to pay for the installation, we will issue the permit. There is nothing mandatory about us issuing a permit. Some of the issues brought to my attention are: 1) If the Department does not think the signal is necessary or required, why would you approve it? The Department did not describe its position sufficiently. The criteria we considered is part of the Manual on Uniform Traffic Control Devices created by the U.S. Government. Engineering comes into play when you are considering traffic volumes and gaps in traffic volumes at pedestrian crossings. We also took into consideration conversations with residents of Boca Highlands. Our Department has limited resources, but does allow lights if someone else wants to expend their own money. 2) If you signalize this crossing, will it create a proliferation of additional lights on AlA? Absolutely nothing to stop someone from doing this if they have the resources. 3) What is the impact of signal on traffic control and safety? Signal will operate on green unless someone pushes the button to turn it red. Traffic flow will not be a problem. 4) Will this affect the safety on AlA? This is a concern expressed whenever a new signal light is installed. Do not feel it will affect the safety on AIA. 5) Why not install the 4 foot plastic paddles saying "Yield to Pedestrians in Crosswalk" in the middle of the road? From what we can tell, they are working in Delray. Device has only been up for a week. So far so good. Summarize -Have treated this issue very seriously. We have completed our own engineering study. We do not believe the traffic conditions are such that we would install a signal, but would not object to a third party installing one. Permit has not been issued as of yet. COMMISSION COMMENTS: Mayor Newill - I wrote a letter to James Wolfe, District 4 Secretary, referring to our Comprehensive Plan. Have you ever read it? Mr. Plass - No. Mayor Newill - In your correspondence, you keep referring to former Mayor Hagelmann and the Town Commission. Two other Commissioners and myself sat on the Commission during that time, and the installation of this traffic light never came before the Commission. Respectfully; I am asking for all correspondence, email and letters that you received from former Mayor Hagelmann regarding this traffic light. Town Commission Regular Minutes September 1, 2009 Page 3 of 12 Commissioner Pa lg iaro -Having difficulty understanding lack of courtesy by your department in not contacting the Commission or Town Manager in reference to this light. You refer to correspondence going back to 2006. Why was this courtesy of informing the Town not extended? Mr.Plass -Our experience is when we have interaction with a Mayor, we presume that individual represents all the elected officials. We are taking to heart these comments. Generally speaking, we do follow up with the Commission and Town Manager. Fully understand the concerns. Mayor Newill -Did you not think it was strange when you were speaking to the Mayor that he was also a resident? Mr. Plans - Do not know if we even knew that. Commissioner Sorrelli -Are you saying that the Town of Highland Beach has nothing to say about this traffic control device? Mr. Plans - No, I am not saying that. In talking to the Mayor we thought the Town knew what was going on. Comm. Sorrelli -Did you not think it was odd that you did not receive or send any correspondence to the Town? Mr. Plans - We deal regularly with people we think are representing the City and County. Commissioner Trinley -You stated that you have input in writing from the police department. Can we see that correspondence? Mr. Plans - We only had conversations and they were about pedestrian safety. Vice Mayor Zwick - I sit in a peculiar position, as I am also a resident of Boca Highlands. When I heard through the grapevine that the DOT was considering allowing this light to be installed, I looked up your rules and regulations. I unfortunately made the assumption that your Department would follow your own rules and regulations. I never dreamt that you would go against them. You have done a great disservice to the Town of Highland Beach. I hope that you can correct it. 2. PUBLIC COMMENTS AND REQUESTS Arlen Voress - 4403 Intracoastal Drive In 1990, AlA was declared a Historic Highway by FDOT and additional requirements are necessary to make any changes to it. On August 13`Y', I read an article in the Sun Sentinel stating the requirements of FDOT District 4 do not meet these additional requirements. We have a Comp Plan on file with the State of Florida, why didn't FDOT read it? By telling Boca Highlands they can have a traffic light if they pay for, you are opening a Pandora's box. We have several condos in Highland Beach that have facilities on both sides of the highway. Is FDOT now in the business of selling traffic lights? The Town should make an appointment with the Secretary in Tallahassee and take legal action against District 4 FDOT. Let a judge decide. Ronny Svenstrup - 3310 S. Ocean Blvd. Once this light is allowed, there is the possibility of an additional seven being installed. Neither Boca or Delray have lights in front of any condo. Is this an indication that Highland Beach has more beach goers than those two cities? AlA is not a four lane highway. You are Town Commission Regular Minutes September 1 2009 Pale 4 of 12 creating a false sense of security for walkers. Pedestrians must use their own eyes. Crossing AlA to get to the beach is not a dire emergency. Deny this proposal and keep AlA safe for everyone. John Rand -Bel Lido DOT made comments: 1) Traffic volume does not satisfy criteria; 2) Signal is not needed; 3) Department does not believe light is necessary. If these comments are accurate statements, why would FDOT consider approving a light that would affect the whole residential town? Find it hard to believe that FDOT would install a light if it is not needed. Beverly Knight - 4023 S. Ocean Blvd. I would like to comment on the weak presentation made by the FDOT. Mark Plass was sent in for damage control. Comments - 1) "May" have copied the Town. 2) Gray area. 3) Decision is based on prudent engineering judgment. 4) They know they botched this application. They are here trying to defend themselves. The Town residents are a strong group when they work together. Warren Russ -Brae Mar Isle Have defended many a client using the US Traffic Control Standards book. What is the published date on the book that you are referring? Response - 2003. Mr. Russ -Decisions are being made with a traffic manual that is out of date. Proliferation occurs consistently. Do not have all the facts on whether to testify for or against. Question is - do we need a light? Robert Foster -Carlton House Have been a full time resident since 1997. Seems to me that the Town should have been involved since day one. How can anyone make such a drastic change to the Town without going through the Town Commission Did Mayor Hagelmann act in good faith or use his position to benefit the residents of Boca Highlands? Former Mayor Hagelmann should be reprimanded. Paul Resnick -Boca Highlands 1) Accidents -prior to the yellow light, it was the same as all the other crosswalks in Boca and Highland Beach. Accidents are caused by the people who do not pay attention. 2) The President of Boca Highlands wrote a scathing letter to the people who have spoken against this light. The initial vote from the Center Board failed. There was some arm twisting and promises made offering maintenance of docks for a yea vote. Residents were never polled for their opinion. 3) The plastic figures have been used in the crosswalks in Palm Beach successfully for years, and they are more desirable. Ann Roy - 4301 Tranquility Drive Asa 36 year resident and property owner in Highland Beach, I strongly oppose the proposed traffic light. You are catering to a handful of residents in a Town that is a mere 3 miles long. This is a town where many elderly residents live. No one is in a rush to get to the beach. If they are concerned about crossing with a traffic light, all they have to do is walk two buildings up to Spanish River and cross with the light. I believe no responsible person could Town Commission Regular Minutes September 1 2009 Page 5 of 12 possibly conclude that residents in one apartment building, in their impatience to satisfy their recreational desires wanting to cross the road to the beach, should have that impatience rewarded with what would be the only pedestrian activated light in Palm Beach County. This is an injustice to all residents in Highland Beach. Allan Straumasser -Boca Highlands At Boca Highlands, we account for 25% of the residents of Highland Beach. Mr. Plass has made it clear that no additional lights are going to be allowed on AlA. When the opening of the bridge was changed from on-demand to every half hour, you get 20 cars turning north on AlA, creating a problem for pedestrians trying to use the crosswalk. Ralph Raymond - 3201 S. Ocean Blvd. In the winter months, it sometimes takes me a few minutes to get out of my driveway. Sounds like the DOT approved this light just to get Boca Highlands off their back. Why is Palm Beach County picking up the maintenance when the light is only being used by the residents of Boca Highlands? Fred Blackwell -Boca Highlands Find it hard to believe that you are putting petty politics and bicyclists before safety of the residents. There have been 12 accidents since the bridge went from "on demand" to every half hour. Unknown -Brae Mar Isle Not everyone at Boca Highlands is in favor of this light. I was present when the 3 members of our Board were asked to change their vote with the promise of the maintenance of the seawall. Daniel Palaske -Boca Highlands I am speaking as a former president of Boca Highlands Center Board. The executive board does not make decision for all the residents. When we voted it was a unanimous vote. Mr. Kelman changed his vote afterwards. All traffic control devices are installed for safety. We are willing to pay for the light, and the county is willing to pay for the maintenance. We have spent three years on this project. None of the facts have changed. The other condos in Town do not have the obstructions that we do. Jason Finkle - 4600 S. Ocean blvd. The members of the Center Board are suppose to go back to their individual condo members and poll them for their opinions. Public safety is not a political football. We seriously doubt installation of a traffic light will lower house prices. A pedestrian traffic light is for public safety. Your responsibility is to support public safety. Michael Goodman -Boca Highlands Highland Beach does not require a traffic light. Mr. Overton has stated that the signal is not needed. The FDOT's own traffic survey indicates that the intersection does not meet the standards of DOT for a traffic signal. Their study was done in the height of the season. FDOT's website states: Traffic signals do not prevent accidents. Where signals are used Town Commission Regular Minutes September 1, 2009 Pale 6 of 12 unnecessarily, the most common results are an increase in total crashes, especially rear-end collisions. Pedestrians are lulled into the false sense of security with a traffic light. Charlene Tase -Enclave Boca Highlands is adjacent to the county park. I thought that there is supposed to be a pedestrian tunnel installed. If there is going to be a pocket park built adjacent to Boca Highlands, what is the need for the light? Lucy Miller - 3301 S. Ocean Blvd. Most of us moved here for the small village feeling. Vehemently object to this light. There are 6 other cross walks in Highland Beach just as important as this crossing. How can DOT now say that they will deny any further applications? Commissioner Trinley - It is my opinion, as well as that of many of my fellow residents, that to entrust a regulation traffic light to any number of pedestrians wanting to cross AlA just because their community is willing to pay for it themselves, belies the sovereignty of the DOT as a state agency, and raises the issue of the principles which govern it. Granting a DOT permit for this proposed traffic light would be to invite vehicular chaos. I'm also reminded of that age-old question: Are the inmates running the asylum? Commissioner Pa liaro -Are there any alternatives to this light? Town Manager Su eg rman - It has been clearly stated that the Town was not brought in until April of 2009. The review process began about 60 days ago. The Town was never included in the loop. The Town's Comprehensive Plan needs to be addressed. My conversation with FDOT has been that there are alternatives. FDOT supports the "in the road" pedestrian signs. One of the dilemmas is that Boca Highlands has already spent between $20 to $30 thousand dollars. If the Town wants to enter into an agreement with Boca Highlands where we purchase the plans from them, the Town would then own the plans. We could then experiment with the in-road pedestrian signs for a year until a conclusion is reached. FDOT has stated that they would be receptive to alternatives. The Town Commission does not issue permits for AlA. Vice Mayor Zwick - If you recall, that was the tentative proposal. Ask Boca Highlands to hold off on the light installation and experiment with road pedestrian signs. Need a calming period to sort this out. Commissioner Pa lg iaro -Has anyone sat down with Boca Highlands? Can we direct the Town Manager to sit down and discuss it with them? Or, does it depend on whether the Commission votes to purchase the plans? Mana eg r Su e~ -There is nothing on the table to vote on. Commissioner Trinlev -Who says Boca Highlands will sell the plans? M_ avor Newill - I would be opposed to purchasing the plans. Vice Mavor Zwick -Can we attempt it? I would have to recuse myself and will leave the vote up to my fellow Commissioners. Commissioner Pa lg iaro -There has to be an alternative. Let's give it a try. Commissioner Trinley- Let's wait to see what FDOT comes back with and let the dust settle. Town Commission Regular Minutes September 1, 2009 Pale 7 of 12 Commissioner Pa lg iaro - Do not want the Town Manager to sit down and discuss the light with no other alternatives. Maybe we need to sit down with FDOT first. 4. BOARDS AND COMMITTEES A) Board Correspondence • None B) Board Action Report • Read into the record by the Town Clerk C) Board Vacancies • Cultural Advisory Board -One Unexpired Term (5/11) • Cultural Advisory Board -One Unexpired Term (11/11) D) Monthly Board Meetings • Beaches & Shores Advisory Board -Sept. 8th -Regular - 9:30 AM • Planning Board -Sept. 9th -Regular - 9:30 AM • Joint Beaches & Shores and Planning Board -Sept. 11~' at 2 PM • Bd. of Adjustment -Sept. 15th -Regular - 9:30 AM • Complete Count Committee -Sept. 15~' - 10:00 AM • Cultural Advisory -Sept. 24th- Regular - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) Supporting the Inclusion of the Intercity Rail Component of the Florida East Coast (FEC) Corridor Project as part of Florida's Economic Stimulus Plan RESOLUTION N0.09-010 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AND FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORTIZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDOR PROJECT (FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA. MOTION: Commissioner Trinley moved to adopt Resolution No. 09-010 R; seconded by Commissioner Sorrelli. ROLL CALL: Commissioner Trinley - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 Vote. Town Commission Regular Minutes September 1 2009 Page 8 of 12 6. NEW BUSINESS A) Authorizing the Renewal and Replacement of the Town's Life / AD&D, Short and Long Term Disability Insurance Town Mana eg_r Sugerman - As mentioned at last week's Workshop meeting, the Town is in the process of renewing its annual insurance coverages. We did not have the quotes for the renewal of the life, AD&D and short and long term-disability coverages to make the agenda for last week. We were able to secure two quotes for this coverage, one from Mutual of Omaha and the other from MetLife (our current carrier). The terms of coverage being offered by the two companies are nearly identical and the rates are guaranteed for two years. Going with the Mutual of Omaha quote, we will realize an annual savings of $23,064.20. MOTION: Commissioner Sorrelli moved to authorize the purchase of life, AD&D and short and long-term disability insurance through Mutual of Omaha beginning October 1, 2009; seconded by Commissioner Pa 1 A voice vote was taken with all in favor. B) Authorization for the Mayor to sign a Retainer Agreement with Buckingham, Doolittle & Burroughs, LLP Town Mana er Su eg rman -You can give the Mayor authorization to negotiate an agreement or table the item until an agreement is negotiated and reviewed. Mayor Newill -Would prefer to "table it" until negotiations have been completed. Town Attorney Sliney -Suggest that this item be carried over until the September 29'~ Workshop meeting. MOTION: Commissioner Pa lg i~o moved to table authorization for the Mayor to sign a retainer agreement with Buckingham, Doolittle & Burroughs, LLP until the September 29, 2009 Workshop; seconded by Vice Mayor Zwick. A voice vote was taken with all in favor. 7) MISCELLANEOUS -ITEMS LEFT OVER B) Appointment for athree-year term on the Planning Board (09/09 - 08/12) Ilyne Mendelson - 3740 S. Ocean Blvd. Frank L. Colarullo - 3420 S. Ocean Blvd. Beverly A. Knight - 4023 S. Ocean Blvd. Town Commission Regular Minutes September 1 2009 Pale 9 of 12 Town Clerk Brown distributed ballots and asked the Commission to rank the candidates from 1-3. Results of first ballot: I. Mendolson - 2 votes; F. Colarullo - 1 vote; and B. Knight 2 votes. Results of second ballot: I. Mendolson - 2 votes; B. Knight - 3 votes. MOTION: Vice Mayor Zwick moved to appoint Beverly Knight to a three-year term on the Planning Board; seconded by Commissioner Sorrelli. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. B) Authorizing the Renewal of the Town's Property and Liability Insurance Michele Martin -Vice President of Public Risk Insurance Agency (PRIA) The Preferred Governmental Insurance Trust (PGIT) is a public entity pool operating in Florida since 1999 for the purpose of providing Florida's public entities with all lines of Property, Casualty and Worker's Compensation Insurance. Membership in PGIT does not require multiple year commitments, prior notification for withdrawal, or official resolution for insurance decisions of the entity. PGIT currently carries $125 million of wind limits per occurrence. They are the seventh largest intermediary company in the country. The Town's property on South Ocean Boulevard is valued at $20 million dollars. We have solicited additional quotes for this insurance, but due to the value and proximity to both the ocean and the Intracoastal waterway, there are not many insurance companies that can provide this amount of insurance. AIG will only provide insurance up to a million for $75,000.00 a year, with $5 million deductible per incident for wind damage. Allied World Insurance Corp. of the Bahamas for a premium of $180,000.00 will insure up to $5 million but with a $100,000 deductible per incident of wind damage. PGIT for $209,000 with a $35,000 deductible will insure all the Town's assets. Mayor Newill - Is the $125 million in wind damage limited to just the State of Florida? Ms. Martin - The $125 million is the re-insurance trust on property, with another $40 million in reserve. Mayor Newill -How long is this policy? Reply - It is a two-year policy. MOTION: Commissioner Pa lg iaro moved to authorize the renewal of the Town's property and liability insurance with the Preferred Governmental Insurance Trust seconded by Commissioner Trinley: Town Commission Regular Minutes September 1, 2009 Page 10 of 12 ROLL CALL: Commissioner Pagliaro Commissioner Trinley Commissioner Sorrelli Vice Mayor Zwick - Mayor Newill - Yes Yes Yes Yes Yes 8. REPORTS -TOWN COMMISSION Commissioner John Pagliaro -Would like to acknowledge an act of human decency that I was recently involved with. Mike Paper, a former resident, found a dog on the beach in Delray, took it home, made signs, posted them in the area, and eventually found the owners and returned the dog. Consensus was to forward him a Proclamation from the Town. Commissioner John Sorrelli -Upset about comments made accusing the Commission of playing petty politics with the safety of our residents. This is not an easy job, and I take it seriously. Commissioner Trinley - No Report. Vice Mayor Zwick -Residents need to listen to the "Oath of Civility" given at the beginning of each meeting. Mayor Newill -Would appreciate if all our residents treated each other like they would like to be treated themselves. 9. REPORTS -TOWN ATTORNEY • No Report. 10. REPORTS -TOWN MANAGER Wished his father a happy 81st birthday. 11. CONSENT AGENDA A) Appointment of Carol Stern to the Cultural Advisory Board for athree-year term (09/09 - 08/12) B) RESOLUTION N0.09-009 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING THE PETITION FOR RULE-MAKING TO AMEND FLORIDA WATER QUALITY STANDARDS BY REVISING EXISTING WATER BODY CLASSIFICATIONS TO PROVIDE NEW AND MORE APPROPRIATE BENEFICIAL USES AND USE Town Commission Regular Minutes September 1, 2009 Pale 11 of 12 EXPECTATIONS, FILED BY THE FLORIDA STORMWATER ASSOCIATION, INC., WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND PROVIDING FOR AN EFFECTIVE DATE C) Approving the Purchase of Video Equipment for the Commission Chambers D) Minutes July 28, 2009 -Workshop Meeting August 4, 2009.- Regular Meeting MOTION: Commissioner Trinlev 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 MEETING Allan Straumasser -Boca Highlands Do not know why someone from Boca Highlands did not ask former Mayor Harold Hagelmann to speak. On Long Island, during the heights of the season, we put signs out daily in the street to slow the traffic and it did. But the traffic only moved at 5 mph. Michael Goodman -Boca Highlands Why would FDOT agree to installation of lights at both Boca Highlands and Milani Park? Absolutely makes no sense. Lucy Miller - 3301 S. Ocean Blvd. Congratulate Beverly Knight on her appointment, but now we have a vacancy on the Beaches & Shores Advisory Board. Joe Yucht -Boca Highlands As a member of the Planning Board, would also like to congratulate Beverly Knight. I sat through this whole meeting, and hope that Florida law will prevail. Boca Highlands: 1) Acted in accordance with our documents, and approved construction of the light. 2) In 2006 our Center Board Manager started conversations with FDOT. Mr. Hagelmann did not initiate the traffic light. 3) In accordance with Florida law we applied for a permit. 4) State DOT is now ready to approve the request for a permit. 5) According to DOT they spoke with Town staff a long time ago. 6) A dialogue could have been had with Boca Highlands a long time ago if the Town requested it. 7) Today we based our responses on fact not opinion. Learn to distinguish between opinion and fact. Do not blame us for wanting to protect our residents. Commissioner Trinlev -You said Mr. Hagelmann approached DOT as a private citizen? Town Commission Regular Minutes September 1, 2009 Page 12 of 12 Mavor Newill -The Town Attorney will review the documents that were requested from FDOT once they are received. 13. AD.TOURNMENT There being no further business to come before the Commission, Mavor Newill adjourned the Regular Meeting at 4:15 PM upon a MOTION by Vice Mayor Zwick; seconded by Commissioner Sorrelli. APPROVE: Doris verly M. rown, Town Clerk ~~. ~ ~~~ Date Trinley, Commissioner