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2010.01.26_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, January 26, 2010 1:30 PM Mayor Jim Newill, CPA called the Workshop Meeting to order in 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 -After the Public Comments, I would like to take out of sequence Item # 10 A - Placement of Additional In-Street Pedestrian Crossing Signs at Crosswalks on AlA; and also ask that Town Attorney Sliney give an update on Milani Park. Town Attorney Sliney- In regards to the litigation over Milani Park; the 15th Judicial Circuit Court has ruled in favor of the Town on the Writ of Certiorari. The County's Writ of Certiorari has been denied. 2. PUBLIC COMMENTS AND REQUESTS Julia Jingursich -Bel Lido Isle Requesting that the Town consider allowing one open house sign to be put on AlA from noon to 4 pm on Sunday only. It would be a black and white sign, declaring "open house" only, no agent's name, no company name, no address. Only one sign per neighborhood or development. During these economic times, it is difficult to bring attention to your open houses if signage is not allowed.. Town Commission Workshop Minutes January 26 2010 Page 2 of 13 Town Attorney Sliney - If we make an exception here, we would have to make an exception to allow others to put signs up. Ms. Jingursich - I am only asking for one sign per residential neighborhood. There are minimal residential neighborhoods in Highland Beach that are not directly located on AlA. Commissioner Trinley -How long of a period are you requesting this exception? Ms. Jingursich - From noon to 4 pm on Sundays indefinitely, or to just allow a trial period to see if it works. Vice Mayor Zwick -The way she is describing the sign with only "Open House," no name, no address etc., would be strictly to get potential buyers in the neighborhood. Town Mana eg~r Su eg rman - I have a clarification and maybe a solution. Right now, the code allows two signs on the property. You are allowed to have a for sale sign at the property, and you are allowed to have a "open house" sign on the property as well fora 48 hour period. We have had a lot of requests to ignore the code and allow an additional open house sign at AlA to bring potential buyers into the neighborhood. But, we have been enforcing the code as it is black and white. The lady is correct, the police department is removing these additional signs on the week end. If we would like to encourage the sale of property in Highland Beach, keeping in mind that we only have four residential intersections on AIA, maybe the Commission can adopt a temporary provision to allow an "open house" sign for a six month trial period at each of those four intersections.. Mayor Newill - We cannot take a vote today, but might consider a three or four month trial period. Sandy Berk -Bel Lido Isles I have had a house on the market for four years. Recently the open house signs on AlA keep disappearing. The property values are decreasing, trying to get buyers to come and look at the homes for sale has become a chore in itself.. We all purchase our signs from the same person, he can just make a generic "open house" sign that we all can use. Sandy Steinberger - 4408 Intracoastal Drive I originally moved here twenty years ago as it was a very friendly community. Political signs go up from Christmas until March. I counted 43 signs from one end of the town to the other. But if you put up an "open house" sign next to any one of these political signs, they are removed immediately. Let us have a simple "open house" sign for a four month period. Joe Yucht -Boca Highlands Agree with the last speaker. A sign is a sign is a sign. What benefits one should benefit others. Why can't the Commission set up a public hearing to discuss this topic. Think a public hearing would be in the best interest of the Town. Arlin Voress - 4403 Intracoastal Drive Think about what is being asked. When you live in Bel Lido, no one knows there are open houses on Sunday afternoon. Agents and homeowners are trying to attract buyers. Put on Town Commission Workshop Minutes January 26, 2010 Pale 3 of 13 consent agenda to allow signs for the next three months. The houses on Bel Lido are in the half to one million dollar range and need all the help they can get. Allen Goldstein - 4307 Intracoastal Drive It behooves the Town to allow open houses signs. These signs do not affect the tax base. Mayor Newill -Schedule as part of the agenda for the regular meeting as a new agenda item. *** CHANGE OF AGENDA Item #10 A Discussion on the Placement of Additional In-Street Pedestrian Crossing Signs at Crosswalks on SR AlA Town Manager Superman - Since the installation on the in-street pedestrian crossing signs at the Boca Highlands complex, we have had three additional requests from condominium associations to have similar signs installed at their crosswalks. (Coronado Ocean Club, Toscana and Regency Highlands) The questions that this agenda item are posing are: 1) Does the Town Commission want to set a standard for which condominiums get to have in-street pedestrian signs, and which one's do not? 2) Would the Commission want to limit the installation to just those condominiums that ask for them? 3) Should the in-street signs be handled on a first-come, first-served basis up to some pre-determined maximum? 4) Does the Commission want to request in-street pedestrian signs for all of the remaining seven crossings, regardless of the desires of the adjacent condominium? Whatever the Commission decides, I can report the following logistics regarding the placement and maintenance of the in-street pedestrian signs: a) All of the signs will be permitted and placed by FDOT. b) The cost of the signs will be borne by FDOT ($300.00 a piece). c) Signs will only be placed by FDOT with a formal written request from the Town on Town letterhead. d) The cost of the installation will be borne by FDOT. e) The cost of the maintenance will be borne by FDOT. This is a change in protocol, as initially the up-keep and maintenance was going to be the Town's responsibility. The purpose of this agenda item is to ask for your guidance and direction as to how the Commission would like to proceed on the topic of the future installation of additional in-street pedestrian signs at the remaining seven crosswalks in Highland Beach. Representatives from the condominiums are in attendance and would like to provide input to the Commission. Mayor Newill opened the meeting for public discussion on this particular item. Faith Greensi~n -Coronado I just drove down AlA, and as I was passing the Coronado there were two ladies in the crosswalk. I stopped, but one of our police officers did not. If our own officers do not stop how do you expect other drivers to do so? Ron Lafferty -Coronado Back in December, our security people started keeping a count of the number of people crossing AlA from our crosswalk. There is a low of 175 with a high of 325. On a decent day Town Commission Workshop Minutes January 26, 2010 Page 4 of 13 it averages 250-275. I personally have waited in the middle of the street while four cars passed me before I could cross the street. It is not "if' but "when" someone is going to be killed on AlA. We recently had a problem with a tree blocking the exit driveway and were told we could not remove it as it was a deeded tree. If these signs would help to save one life, they would be worth the money. Deanna Lowe -Coronado Six years ago we asked for signs in the street and were told they would take it under advisement. We have had three people hit by cars crossing the street. This is what we put up with every day. Pearl Herman -Coronado My husband uses a walker and cannot cross the street as hardly anyone stops. We would appreciate it if you would have the signs installed. Joe Yucht -Boca Highlands We at Boca Highlands foresaw all these problems. We tried to warn you. You made a mistake. The signs have been damaged and repaired and makes driving on AlA an obstacle course. All you are doing is inviting problems. We have had fourteen accidents at the crosswalks. These signs are not the answer. You should be looking out for the safety of the Town's residents. The administration of this town has become misguided. Residents are beginning to suffer. Stanley Kraemer -Coronado I volunteer twice a week at Delray Medical Center. People will be seriously injured unless we get help with the crosswalks. We implore you to have the signs installed. Bruce Berman -Toscana Manager I would like to express the strong desire of the Board at Toscana to have the pedestrian signs installed. We especially like the idea of the signs in the middle of the street. I would like to encourage the Commission to consider installing these signs on all the crosswalks. Marty Marsillio -Coronado Walking across AlA is taking your life in your hands. Every crosswalk in Highland Beach should have signs installed. In addition, the Police need to enforce the crosswalk laws. Rob Short -Toscana Operations Manager Even though we have pre-existing signs painted in the road, cars do not stop for pedestrians in the crosswalks. In all the towns where these signs are installed, the traffic has improved. COMMISISON DISCUSSION: Vice Mayor Zwick - I have listened to all the speakers very carefully, and have not heard one objection by the Commission. Former County Commissioner Mary McCarty offered every condo in Highland Beach monies to install a flashing light at their crosswalk. Only one condo accepted the offer. The Commission is in favor of putting up the paddles, why does everyone Town Commission Workshop Minutes January 26, 2010 Page 5 of 13 think differently. You have not given us an opportunity to speak. If FDOT stated that it is workable, then they will be installed. Commissioner Pa lg iaro -Would like to remind everyone, when the signal was being discussed one of the things that came up was the fact that Delray Beach was going to have the paddles installed. Since they have been installed, it has been successful. There will always be accidents -drivers not paying attention, people just walking into the street. I am a supporter of the paddles. While walking or driving, I have never seen traffic slow down as much as it does at Boca Highlands with the paddles. Someone complained about Highland Beach being known as a speed trap town. Why not? Maybe we need to have more ticketing. Commissioner Sorrelli -Think we should go ahead with the paddles and include it on next week's consent agenda. Commissioner Trinlev -Include it under "Miscellaneous Items" and have the Commission take a vote. Town Mana eg r Su erman - Is it the desire to have these installed at all seven crossings or just where they have been requested? Comm. Sorrelli -Have they all requested them? Manager Su eg rman- No only three to date. Mayor Newill -Can we contact the rest of the properties? Would FDOT honor additional requests at a later date? Comm. Trinley - If we are concerned with resident safety, then they should be installed at all the crossings. Comm. Sorrelli - If we approve them, how long will it take to get them installed? Mana eg r Su eg rman - Once they are approved, it will take six to eights weeks to have installed due to permitting, engineering and installation. Will include it on next week's agenda and you can decide if they will be installed at every crosswalk or just the crosswalks that requested them. 2. PUBLIC COMMENTS AND REQUESTS: Ann Marie Roy - 4301 Tranquility Drive I am a long time resident of the Town, and am very concerned about recent events. Specifically, the installation of backflow devices on private land and the flagging of our lawns for a survey of underground cables, all apparently at great expense to our Town. I am aware of the safety standards implemented by the backflow systems, but what troubles me is that these devices were installed without adequate notification to property owners, on private land in a most obtrusive and unsightly fashion. In addition, they were installed without being engineered property as they dramatically reduced water pressure requiring everyone in Bel Lido to have to have adjustments made to their sprinkling systems. Who made the decision without consulting the residents and destroying the aesthetic appearance of our real estate, not to mention the illegality of trespassing and construction on private property? I have a number of questions that I would like answered. Mayor Newill stated that we had quite a discussion at the January 5th regular meeting regarding this subject and suggested that Mrs. Roy review either the tape or the minutes. Town Commission Workshop Minutes January 26, 2010 Page 6 of 13 Joe Yucht -Boca Highlands I noticed on today's agenda, there is an item called "Reserve Patrol Police Officer Program." In the past few years, the Town has not established any new organizations but have eliminated them. Town seems to have become anout-sourced business. The Town is making rules blind, and it is not fair. I have found if you make comments at the end of the meeting they fall into the waste paper basket. Milani Park situation - my info still states that the park is dead. Not privy to your information, but wonder who is being truthful Feel the residents are entitled to know more about the situation. Commission Pagliaro -Would like to take exception to Mr. Yucht's statements. Residents get up and speak, and we sit and listen. Feel his comments are erroneous. 3. PRESENTATIONS A) Proposed Zoning Code Text Amendments Lou Stern, Chair -Highland Planning Board Town Mana e~ eg rman -The Planning Board has been working diligently over the course of the last few months completing a review of Chapter 23 -signs and advertising and Chapter 30 -zoning of the Code of Ordinances. Lou Stern, Chair of the Planning Board will make a presentation to the Town Commission on the Board's recommended changes to these two sections. This item is being introduced at a Workshop meeting for purposes of discussion by the Town Commission. If it is the Commission's desire to implement any or all of the recommended changes, it would have to be done by two readings of any ordinance, with the second reading being a public hearing. Chair Lou Stern -The Planning Board has worked diligently for the past several months making changes to 23 and 30 of the Town of Highland Beach Code of Ordinances. On Wednesday, December 9, 2009, a Public Hearing was held to consider the proposed zoning code text amendments; which the Board subsequently approved. As per section 30-44(e) of the Code, the Town Commission shall hold a public hearing within ninety days following the adoption of the Planning Board recommendation. You have the revised document in front of you. The additions to this document are in green ink and the changes are in red ink. We have included definition of set back; overhangs; marine areas; boat lifts -how high can a boat be out of the water; dolphin pilings; and personal watercraft. Moor Newill - In Section 23-8, I do not see any reference to the Town's three pumping stations that are not on Town property. L. Stern -They should be added. Commissioner Trinlev - On page 5 (p) Overhangs -Permitted roof overhangs. Roof overhangs not exceeding four feet shall be permitted to encroach into required yards. I am baffled. What is the meaning of required? Town Mana e~ eg rman - A set back is measured from the edge of the property to the outer building wall. However, there are some roof overhangs, pitched roof, where the actual overhang is not flush with the side wall. It actually overhangs the wall. A roof overhang will be permitted into that set back as long as the roof overhang is not more than four feet. Comm. Trinlev -What does required mean? Manager Town Commission Workshop Minutes January 26, 2010 Page 7 of 13 Sum an -Rather than saying the rear setback, the front setback and the side setback, we labeled it as the required yard. There are requirements on all three sides. Comm. Trinley - Suggest that it is worded like that. Vice Mayor Zwick - On page 1 -Sec. 23-7 -Permitted Signs. 9a) One permanent sign not to exceed ten square feet per face may be permitted. Such sign must be illuminated. If someone puts up a permanent sign on their property, what happens if it is not illuminated? Manager Su e~ rman - The sign does not have to be illuminated, it could be a spot light. Wording must be from the old code. Vice Mayor Zwick - I travel by a sign in Town that has been up for a few years that is not illuminated. Commissioner Pa lg iaro -Page 5 - 3(b) -Not to exceeding; should be not to exceed. Typo error. Mayor Newill and the Commission thanked Mr. Stern and the Planning Board for their hard work. Town Mana eg r Sugerman -With the feedback that we received today, will amend the outline. Will work with the Town Attorney to create a new ordinance and schedule for a first reading at the March 2, 2010 Commission meeting. 4. BOARDS AND COMMITTEES A) Board Correspondence 1) Designating Barbara Zeeman as the Beaches & Shores Advisory Board's Liaison to the Sea Turtle Program Town Mana er Su eg rman -Resolution No. 805 specifies that "One member of the Beaches & Shores Advisory Board shall be designated by the Town Commission as a liaison between the Board and the Sea Turtle Program." Correspondence from Board Chairman Rosalind Svenstrup is requesting the Town Commission designate Barbara Zeeman as the Board's liaison to the Sea Turtle Program. Consensus was to include appointment on Town Commission February Consent Agenda. B) Board Action Report None C) Board Vacancies • Beaches & Shores Advisory -One three-year terms • Board of Adjustment and Appeals -One three-year term Interview - Ruth Samuels - 3700 S Ocean Blvd. Lou Stern - 115 Russell Drive Town Commission Workshop Minutes January 26 2010 Page 8 of 13 Ruth Samuels -Stated that she has just completed two three-year terms on the Beaches & Shores Advisory Board and would like to continue her volunteerism with the Town. She distributed a resume to the Commissioners. Lou Stern -State that he is presently the Chair of the Planning Board and his term is not completed until April. Between now and the end of the term there will be two additional vacancies and he requested to defer his application until April. Consensus was to include the appointment of Ruth Samuels to the Board of Adjustment and Appeals on the February Consent Agenda. D) Monthly Board Meetings • Special Magistrate -Feb. 4th -Cancelled • Beaches & Shores Advisory -Feb. 9th -Regular - 9:30 AM • Planning Board -Feb. 10th -Cancelled • Board Appreciation Luncheon -Feb. 10th -Noon • Bd. of Adjustment -Feb. 16th -Cancelled • Complete Count Committee -Feb. 18th - 10 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS None 6. NEW BUSINESS A) Approving an Extension of a Development Order for the Renaissance Project Located at 3200 South Ocean Boulevard Town Mana eg r Sugerman - On June 1St of last year, Governor Charlie Crist signed into law Senate Bill 360 which is more commonly known as the Community Renewal Act of 2009. This piece of legislation was designed to help the struggling development community cope with the downturn in the Florida economy. The Community Renewal Act recognized that some Florida developers may have had a development project in the pipeline when the economy turned sour, and that any developer that enjoyed a development order (which typically remains valid anywhere from 18 to 36 months) might not be able to move forward with the approved development order because banks are not lending and purchasers are not buying or signing leases. One of the provisions of SB360 is to give developers an opportunity to request an extension to an already approved development order, and to give local governments the opportunity to grant an extension of up to two years for a previously approved development order. On May 20, 2008, the Highland Beach Board of Adjustment and Appeals granted to Highland Beach Renaissance, LLC a height variance for their proposed residential project at 3200 South Ocean Boulevard. Under the Town's Code, that variance had a life of 18 months. It was due to expire on November 20, 2009. In addition to the variance granted, the Town Commission also granted a site plan approval on November 4, 2008. That site plan Town Commission Workshop Minutes January 26, 2010 Page 9 of 13 approval remains valid though November 3, 2010. On November 12, 2009, Highland Beach Renaissance, LLC formally requested a two year extension of both the variance and the site plan approval. The granting of an extension is the prerogative of the Town Commission. This agenda item is to give the Town Commission an opportunity to review the request made by Highland Beach Renaissance, LLC and to review the draft Resolution crafted by the Town Attorney which would grant an extension until November 20, 2011. Ed Masi, Developer -Our intent is to build this project. Town Attorney Sliney -The proposed resolution requires as a condition, a disclaimer statement from the developer stating the following: "By accepting this extension, the applicant agrees to hold the Town of Highland Beach and the Town of Highland Beach Commissioners harmless in the event a court competent jurisdiction determines that the extension(s) granted by the Town of Highland Beach, Florida were not legally granted, or in the event that the extension(s) are subsequently revoked based on the constitutional challenge to SB360." Commissioner Pafaro - If the two year extension is granted, can you give us some idea of your plans in developing this property? Ed Masi - We would like to start within 30/60 days on the marketing side immediately. Soon after that we would like to come in for a permit for a sales trailer on site. Our plan is to break the pilings down below grade and fill in the property so you will no longer see the grave yard affect. We think it will enhance the look for sales and marketing. There are only fifteen units in this project. Comm. Pa lg iaro - I am pleased that you are moving forward. Feel project will be an asset to Highland Beach. B) Approving the Implementation of a Reserve Patrol Police Officer Program Town Mana eg r Su eg rman - Over the course of the last few months, we have had a series of resignations from amongst the ranks of our patrol officers. We are in the process of looking at finalist candidates to fill two slots on a permanent basis. In the meantime, it has been a bit of a challenge to keep our patrol schedule fully staffed, not only because we have had the two vacancies, but we also have vacations scheduled and unexpected illnesses that take officers off of the road. Chief Hartmann has approached me with the concept of beginning a program that would create a Reserve (part-time) Patrol Officer program. Reserve patrol officers would be Florida certified, fully trained police officers who have most likely retired from other agencies; but who are not completely ready to hang up their gun and badge on a permanent basis. In essence, we would create a "bull pen" of qualified officers who could be used to fill in as needed; whether it is for a sudden vacancy or should we be short-staffed due to vacations, sickness, or whatever the case may be. The Chief has determined that the optimum number of Reserve Officers that we would look to work with would be three. If support for the Reserve Patrol Officer Program is supported by the Commission, we could undertake its implementation as part of the mid-year budget adjustment. Chief Hartmann believes that the cost for such a program can be covered within the existing budget year. Commissioner Sorrelli -Your intent is to hire police officers? Chief Hartmann -Yes. Part- time as needed only. This will provide additional officers when ready. Comm. Sorrelli - Do they work in the evenings? Chief Hartmann -Night, week-ends, hurricanes; whenever they Town Commission Workshop Minutes January 26 2010 Page 10 of 13 are needed. Comm. Sorrelli -Where does the union come into this? Chief Hartmann -They are not covered by the union. Town Mana eg r Su erman - No action is required. We wanted to hear feed-back from the Commission. We will bring this item back as a mid-year budget adjustment. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Minutes January 5, 2010 -Regular Meeting November 24, 2009 -correction on page 2. Town Clerk Brown read the correction into the record: The minutes stated: Chair Miller - It would be about $8.00 per unit per month. After reviewing the tape again, she actually said: Around $8.00 a year per unit on the beach and goes down from there. Minutes to be included on February 2, 2010 Consent Agenda. 8. REPORTS -TOWN COMMISSION Commissioner John Pa lg iaro - I will be out of Town at the end of April, requesting the April 27th Workshop meeting be changed to Monday, April 26th. Town Clerk Brown -stated that the March Workshop is scheduled on Passover and requested that it be changed to Wednesday, March 31, 2010. Both changes to be included on February 2, 2010 Consent Agenda. Commissioner John Sorrelli - Is it possible to send a letter to the Boca Highlands Condo Board to have them remind residents to push the button before they walk into the street. People are not paying any attention to traffic and walking directly into the street. Remind them that we are concerned about their safety. Mayor Newill - Town Manager please write them a letter expressing our concerns for their safety. Commissioner Trinlev - I was dismayed to see ongoing activities of the sun Betted Cultural Board are still taking place. Is the Commission aware of what is going on? Are you aware the staff is looking for instructors? That a Sweetheart Concert is scheduled for February 3rd? Who signed the contract with the performers for the Sweetheart Concert? It never came before the Commission. Mayor Newill - I know the Board has gone away, but any contracts that have been signed should have been done so by the Town Manager. Town Mana eg_r Superman - When the Cultural Board set their events calendar, the Board Chair would engage the singers and performers. Because the Cultural Board raised their own funds, and if it was not illegal, we let the Board Chair sign the contracts. Mayor Newill - I know the Board is gone, but let's have a policy for anything like this in the future. Town Attorney would it be wise that any contracts being signed by an arm of the Commission be signed by the Town Manager rather than the Chairman of the Board? Town Attorne~_y - Yes. This was an unusual Board since they raised their own funds. Mana eg r Su eg rman - When I met with each of the Commissioners prior to the vote on sun setting, I made a commitment that the Administrative Staff would continue with the ongoing cultural activities. When I came to the public meeting, I Town Commission Workshop Minutes January 26, 2010 Page 11 of 13 publicly made that same statement. If this Commission does not want the cultural programs to be continued by the Administrative Staff, just say so and your staff will stop them. (Town Manager Sugerman showed excerpts of the video of the 11/24/09 workshop where these comments were made.) Mayor Newill -The question being presented is whether the Commission wished that the Town Staff continue with the functions of the former Cultural Advisory Board. In addition, do you want them to expand into other areas. Comm. Trinlev - I for one thought that when we sun setted the Cultural Advisory Board that we eliminated these activities. Comm. Sorrelli -You don't think that this is too much for the staff to be taking on without hiring additional personnel? Mana er Su e~ - I do not believe our staff is in the event planning business. Two years ago I stated that the Cultural Board was not doing their job and the staff was taking on a greater role in their activities. If you do not want the staff to continue, we will stop immediately. Mayor Newill -Does the Commission want the Town Staff to continue with these programs? I know that the Cultural Advisory Board had classes scheduled. The instructors charged a fee and kept all the revenue. The Town did not receive any monetary benefits. Vice Mayor Zwick -Would like to give more thought to the question. Did not realize what was going on. Comm. Pa liaro -Would not like to see the cultural activities stopped if it does not interfere with the regular activities of the staff. Comm. Sorrelli - Do not feel we need to put any additional pressure on our employees. Mayor Newill -Have heard two sides, and would like another week to think about this. Also would like to solicit public comments. Vice Mayor Zwick - A question for a future project. The electric car will be taking over our roadways sometime in the future. Should we be looking into building codes that address charging stations? Do we need to look into purchasing property to be used for a charging lot? Town Mana eg r Su eg_rman - I will look into information regarding an electric car program in Highland Beach. Mayor Newill - I sponsored another "Coffee with the Mayor" yesterday and had about 30 people attend. Concerns raised were: Milani Park; dogs on the beach; transport carriers; and paddles in the road. Dr. Strauss approached me again concerning the encased bulletin board outside of the post office and why does it only have to be a Town sponsored activity in order that it be publicized there. Commissioner Trinley -The next concert of the Lyric Chamber Orchestra is being sponsored by the Friends of the library so it will be publicized on the Town's bulletin boards. 9. REPORTS -TOWN ATTORNEY I am in favor of Commissioner Sorrelli's comments regarding forwarding a letter to Boca Highlands in reference to residents' safety when crossing AIA. Backflow devices -will submit an ordinance that can be included on the February 2, 2010 agenda for first reading repealing Ordinance 0$-001 Cross-Section Control Ordinance. At some time in the future, the Commission can adopt another ordinance once again making back-flow devices mandatory. 10. REPORTS -TOWN MANAGER B) Code of Ethics Report Town Commission Workshop Minutes January 26, 2010 Page 12 of 13 Town Mana eg r Su erman - At the last Town Commission meeting I was asked to put together for the members of the Commission a report on the establishment of a possible Code of Ethics, since it seems that the Palm Beach County Commission is moving forward with ethics legislation of their own. This topic is both relatively simple to deal with, but it could also be considered rather complicated. Ethics in the State of Florida is very clearly regulated under state statute Chapter 112. It is fairly clear, in that it says: "It is essential to the proper conduct and operation of government that public offices be independent and impartial and that public office not be used for private gain other than the remuneration provided by law. The public interest, therefore, requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist. " The rest of the chapter then goes on to outline the established standards for ethical conduct. There already exists afull-blown standard of ethics for public officers and employees in the State of Florida. I have gathered some additional reading material for consideration by the Town Commission. This includes the following three sources: 1) A two- page printout from the Florida League of Cities which outlines a variety of Ethics and Civility Resources. It seems that they are saying that ethics is something that is learned and practiced, rather than something that comes from regulation. 2) A sample "Code of Core Values far Civility and Ethics" from the Town of Dunedin, Florida. 3) Fourteen different examples (in summary fashion) as provided to me by the National League of Cities. Some of these are very broad in nature, and others are very specific. What I have not done is actually written a proposed Code of Ethics for the Town Commission. I believe the Commission needs to have a discussion about what it is trying to accomplish. Mayor Newill - I strongly believe in "Home Rule." If we could have something in place prior to the November election, we could encourage residents to opt out of voting for the County Commission's Code of Ethics. If the Commission wishes to move forward, let's look at someone else's completed Code. Town Mana eg r Su eg rman -This will not be ready for the next meeting. I will look into the Code's of Tampa; Reading, Pa. and Loxahatchee Groves. Just a reminder that we will be going into Executive Session with our Labor Attorney immediately following this meeting. 11. CONSENT AGENDA None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht -Boca Highlands People from the north understand the concept of plugging in cars in the winter to keep them warm. Do you also want to look into hydrogen plugs as an alternative vehicle? Why can't the Town put up a community bulleting board to benefit the whole Town? Proposal for Town Ethics - is it a majority of people voting or a majority of the actual registered voters? If there Town Commission Workshop Minutes January 26 2010 Page 13 of 13 are more discussion about future planning, alternative electricity should be included. I would love to see windmills. Where they are in place, they are very productive. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Workshop Meeting at 4:35 PM upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Pa lg iaro• APPROVED: Jim Ne ill, CPA, Mayor Miri S. Zw' e ayor Doris M. Trinley, Commissioner ATTEST: Be rly M. Br , MM Date / John