2009.10.06_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, October 6.2009 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
Mayor Newill - I am withdrawing the statement that I made at the last meeting regarding
eight day written notice. That statement does not reflect the philosophy of the Town of
Highland Beach government.
2. PUBLIC COMMENTS AND REQUESTS:
Fran Caldwell - 2635 S. Ocean Blvd.
In June, the Planning Board passed a site plan amendment for Byrd Beach Estates. It was
approved using a site plan that the building staff had recently found. I have been looking for
the plans for my house for the last ten years, and the building staff was never able to locate
them. In September, I received a call from the building staff saying that they found the
original plans to my house plus the original site plan that was different than the site plan that
was approved by the Planning Board in June. The Developer has every right to develop his
property, but the site plan that was submitted to the Planning Board in June and approved,
does not allow me to get into my garage. I am requesting the Town Commission to look into
what is going on with this development. There are no law suits pending on this development:
Town Commission Regular Minutes
October 6 2009 Page 2 of 7
We need an access to our homes for emergency vehicles. The Highland Beach fire truck and
ambulance cannot get into our development. Please give us some help.
Commissioner Sorrelli -Has the Planning Board reviewed these plans? Town Attorney
Sliney -The Town Commission cannot get involved in this problem. You can review the
Planning Board's minutes from June 23rd. Rusty Roberts represents the Town on this
development. The Town Commission can request information from Rusty Roberts. The
questions raised today have been addressed. This is a single family development and the
Planning Board has the authority.
Fran Caldwell - Up until September, the Planning Board and Rusty Roberts had not reviewed
the correct site plan. All I am asking is to have access to my own home.
Jerome Caldwell - 2635 South Ocean Blvd.
The homes in this development were to be attached. The Planning Board did not approve the
development for single family homes. There are no parking spaces or driveways. What the
developer is proposing is a site plan change and should be coming before the Commission
after Planning Board approval. Asking for someone else to review it and either approve it or
deny it.
Elizabeth Susskind - 2629 South Ocean Blvd.
Submitted a piece of the guard house that she stated was falling down. Had sent a memo to
the Code Enforcement Officer to ask him to check the site, and was told that her complaints
had to go through Mr. Sugerman. Mr. Vanore started reviewing the submitted plans and then
he was let go. For ten years the homeowners have been trying to get our development up to
code. We cannot even get an ambulance or a fire truck into the development. We pay a
monthly fee to the developer and nothing is done. We recently received a note from FPL to
clean up our palm trees. You might say it is not the Town's responsibility. We are not suing
you, we are just looking for help. Properties cannot be sold without great losses. Why does
our correspondence have to go through Mr. Sugerman?
Town Mana eg r Su eg rman - I met with Mrs. Susskind, Mr. Caldwell and others, for three and
a half hours one day to go through their complaints. Two hours into the meeting, one of the
gentlemen got up and stated: "Let's just sue the Town and get it over with." Calmer heads
prevailed. Couple of points: 1) If they want to go back to the beginning of the Byrd Beach
Estates time, I would go back with them and correct all the ills and errors. But the Town is
not going to pay to correct these errors, it would be up to the developer and homeowners to
pay for them. 2) Have worked closely with the Building Official to do the right thing with
the code. Single family units go to the Planning Board for approval. Public protests are not
appropriate at a Commission meeting. The homeowners wanted a meeting with the Mayor,
but I told them it would not be helpful.
Mrs. Susskind - Mr. Vanore started reviewing the site plans, then all of a sudden he was
gone. Would like to request that the site plan review be completed. Mr. Stolz has his
property up for sale again. He advertises that he has a building permit fora 6,000 square foot
Town Commission Regular Minutes
October 6, 2009 Page 3 of 7
house. The Planning Board approval required him to address the safety issues before a
building permit could be issued. We are asking for the safety issues to be addressed.
Town Mana er Su eg rman -
continue with the review.
3. PRESENTATIONS
None
Aware of the partial review and the new building official will
4. BOARDS AND COMMITTEES
A) Board Correspondence
• None
B) Board Action Report
• Read into the record by the Town Clerk
C) Board Vacancies
Beaches & Shores Advisory Board -One Unexpired Term (7/10)
Beaches & Shores Advisory Board -Three Full Terms beginning Dec. 2009
• Cultural Advisory Board -One Unexpired Term (5/11)
• Cultural Advisory Board -One Unexpired Term (11/11)
D) Monthly Board Meetings
• Planning Board -Oct. 7~' -Regular - 9:30 AM
• Beaches & Shores Advisory Board -Oct. 13th -Regular - 9:30 AM
• Complete Count Committee -Oct. 14th - 10:00 AM
• Bd. of Adjustment -Oct. 20th -Regular - 9:30 AM
• Cultural Advisory -Oct. 22nd- Regular - 9:30 AM
• Board Orientation -Oct. 22"d - 1:30 PM
5. PROPOSED ORDINANCES AND RESOLUTIONS
A) Ordinance No. 09-004 O -First Reading
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH. FLORIDA, RELATING TO THE RENEWAL OF A GAS FRANCHISE
WITHIN THE TOWN OF HIGHLAND BEACH: GRANTING TO FLORIDA
PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS A GAS
FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING
THERETO; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES
Town Clerk Brown read Ordinance No. 09-004 O into the record.
Town Commission Regular Minutes
October 6, 2009 Page 4 of 7
Mayor Newill requested comments from the Commission. Receiving no comments, the
Ordinance will be scheduled for a second reading and public hearing at the November 3,
2009 Regular Commission Meeting.
B) Resolution No. 09-013 R
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
Recognizing City Government Week, October 18 - 24, 2009 and Encouraging all
Citizens to Support the Celebration and Corresponding Activities.
Town Clerk Brown read the entire Resolution into the record.
MOTION: Vice Mayor Zwick moved to adopt Resolution No. 09-013 R; 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.
6. NEW BUSINESS
None
~) MISCELLANEOUS -ITEMS LEFT OVER
None
8. REPORTS -TOWN COMMISSION
Commissioner John Pa liaro - No Report.
Commissioner John Sorrelli -Would like to thank the Town Manager and the Building
Department Staff for the report on building fees.
Town Mana eg_ r Sugerman -The report indicates that our current fees are appropriate. In
comparing Highland Beach with seven other communities, the comparisons were all over the
map. Some components high, some low and some in the middle. State Statute 166.222
allows for reasonable inspection fees to cover the costs associated with the Building
Department. In comparing our revenues with the expenses, the revenues just about cover our
expenses. This tells me we are in compliance with Florida statutes. Building fees should not
be a revenue center. We are serving our citizens well.
Town Commission Regular Minutes
October 6, 2009 Page 5 of 7
Commissioner Trinley -After reviewing the Cultural Board resolutions it is still unclear if
the programs are restricted to residents. Since the classes are scheduled using our facilities,
and only one instructor has made a donation to the Cultural Board in the last four years, I feel
the classes should be restricted to Highland Beach residents only. Mayor Newill -Many of
the functions are filled. Agree that they should be restricted to Highland Beach residents.
Recently received an email from a rental resident saying he had to pay a $35.00 fee to get a
library card. If you are not a resident, you have to pay $100.00 to get the card.
Commissioner Sorrelli -Delray Beach and Boca Raton have the same policy. Vice Mayor
Zwick -Space is the problem in opening up all the classes and events to non residents. We
need to stick to the rule that Cultural Board activities are limited to Highland Beach residents
only. Town Mana e~ r Su eg rman -There is no rule. The Commission needs to adopt
enabling legislation to establish the regulation. Mavor Newill -Town Manager, please
submit a new resolution at the next meeting limiting Cultural Board functions to residents
only.
Vice Mavor Zwick - No Report.
Mavor Newill -When FDOT was here last month, we all voiced are opposition to the
pedestrian activated traffic light on AlA in the area of Boca Highlands, but we never took a
formal vote.
MOTION: Commissioner Pa lg iaro moved: The Town Commission has determined that a
pedestrian activated traffic light on AlA in the vicinity of Boca Highlands is not acceptable;
seconded by Commissioner Sorrelli.
AMENDMENT TO MOTION: The Town Commission is opposed to the issuance of a
permit for such light. Amendment made by Commissioner Pa liaro and seconded by
Commissioner Sorrelli.
ROLL CALL:
Commissioner Pagliaro -
Commissioner Sorrelli -
Commissioner Trinley -
Vice Mayor Zwick -
Mayor Newill -
Motion passed with a 5-0 vote.
9. REPORTS -TOWN ATTORNEY
• No Report.
10. REPORTS -TOWN MANAGER
Yes
Yes
Yes
Yes
Yes
• No Report.
Town Commission Regular Minutes
October 6, 2009 Page 6 of 7
11. CONSENT AGENDA
Mayor Newill asked if anyone would like to remove any item from the Consent Agenda?
MOTION: Commissioner Trinlev moved to accept the Consent Agenda as presented;
seconded by Vice Mayor Zwick.
A Authorization for the Mayor to Sign an Interlocal Agreement with the Solid Waste
Authority for the Sharing of Revenues as Part of the Municipal Recycling Program
B) Authorization for the Mayor to sign a Retainer Agreement with Buckingham, Doolittle
& Burroughs, LLP
C) Minutes
August 6, 2009 -Budget Workshop
August 18, 2009 -Budget Workshop
August 25, 2009 -Workshop Meeting
September 1, 2009 -Regular Meeting
September 3, 2009 -Budget Public Hearing
A voice vote was taken with all in favor.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Joe Yucht -Boca Highlands
One question. Would like to know the reason why each Commissioner voted no against the
light?
Town Attorne, SAX -This is not the opportunity for Mr. Yucht to interrogate the
Commission. All the Commissioners expressed their views and comments at the September
1St meeting. They are not obligated to tell anyone why they voted any way.
Joe Yucht -You all made a mistake. All the facts indicate the applicant followed the proper
steps. You people did not talk to us. So apparently you are not interested in the facts. All
you are doing is supporting someone from a bicycle club and someone who does not want to
pay the assessment.
Town Commission Regular Minutes
October 6, 2009 Page 7 of 7
13. ADJOURNMENT
There being no further business to come before the Commission, Mavor Newill adjourned
the Regular Meeting at 2:35 PM upon a MOTION by Commissioner Pa lg iaro; seconded by
Commissioner Sorrelli.
APPROVED:
Jim Newil~, CPA, Mayor
Miri S. Zwick, ~ e Mayor
G~-!.~^ ~j - /
Beverly M. B wn, Town Clerk
~l
Date
Doris M. Trinley, Commissioner