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2010.02.02_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, February 2, 2010 1.30 PM Mayor Jim Newill, CPA called the Regular 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 Vice Mayor Zwick - I would like to have removed under "Miscellaneous Items Left Over: item #7 D -Establishment of an Electric Car Program." The subject is premature at this time. 2. PUBLIC COMMENTS AND REQUESTS Carol Stern - 1115 Russell Drive Is the Commission receptive to someone reorganizing the Cultural Advisory Board? I would like to volunteer either to reorganize the Board or to assist staff. Mayor Newill -Someone can start another 501 C-3 non-profit organization like the Friends of the Library and start another cultural activity within the Town. Commissioner Trinley - Suspension of Cultural Board activities is an agenda item. Seymour Strauss -Boca Highlands Reminded the Commission and audience that the Lyric Chamber Orchestra will be in concert on Friday evening at St. Lucy's. Shared with the Commission a picture of another Chamber Orchestra that he organized during the war. Town Commission Regular Minutes February 2 2010 Pag~2 of 10 Joe Yucht -Boca Highlands What is wrong with Channe197? It is full of snow and lines. Dennis Sheridan -Monterey House Received a call from a Town employee today inquiring about the reception on Channe197. In our building it as clear as could be. Commissioner Pa lg iaro - It is clear in my building also. Manor Newill - In my building it is all dark waves. Vice Mayor Zwick -Last week we were not receiving the Highland Beach feed on Channel 97 but were receiving the Broward School Board. The problem appears to be in the southern part of the Town. Perhaps there is a break in the line. Town Mana er Sugerman - Half of the Town has a problem and the other half have perfect service. Have contacted Comcast and have not received a response as of yet. The signal from Town Hall is a good signal. Rhoda Zelniker -Regency Highlands People walking and riding are tripping over the bumps in the pathway. Believe the Town needs to replace the path with a full fledge sidewalk. The beaches are dirty -can the Town start forcing everyone to clean their areas? Thank you for considering additional in-road signage for the crosswalks. This morning saw a sign posted for a flea market to be held at Seagate Condo. Where would people park? Car carriers should not be allowed in Town at night. It would be nice to have a representative from each Condo attending monthly Commission meetings. Mayor Newill -Personally feel there should be a time frame when these carriers can deliver cars. Town Attorney please look into it and get back to us. Town Attorne~liney -There is nothing in the code that would disallow car carriers from delivering cars but will look into the time element. Tony Ruotolo - 3400 S. Ocean Blvd. We will be in a heck of a mess if we prohibit car carriers. Our entrance curbs have been painted three times since the winter residents have returned. Imagine all these cars on the highway. Town Mana eg r Sug_erman -Just because someone suggests not allowing car carriers on state road AlA, we cannot do that. Our police department makes sure the drivers follow the rules. 3. PRESENTATIONS • None Town Commission Regular Minutes February 2, 2010 Page 3 of 10 4. BOARDS AND COMMITTEES A) Board Correspondence • None B) Board Action Report • Read into the record by the Town Clerk C) Vacancies • Board Beaches & Shores Advisory -One -Three-year term • Board of Adjustment and Appeals -One -Three-year term D) Monthly Board Meetings • Special Magistrate -Feb. 4th -Cancelled • Beaches & Shores Advisory -Feb. 9th -Regular - 9:30 AM • Planning Board -Feb, l Oth -Cancelled • Boards Appreciation Luncheon -Feb. 10th -Noon • Bd. of Adjustment -Feb. 16th -Cancelled • Complete Count Committee -Jan. 7th - 10 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) ORDINANCE NO. 10-001 O AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA REPEALING ORDINANCE NUMBER 08-001-0 ENTITLED AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA ADDING TO THE TOWN CODE, CHAPTER 29 ENTITLED "WATER SYSTEM," SECTION 29-25 THRU SECTION 29-31 ENTITLED "CROSS CONNECTION CONTROL PROGRAM," AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 10-001 O into the record. Mayor Newill requested comments from the Commission. Receiving no comments, the Ordinance will be scheduled for a second reading and public hearing at the March 2, 2010 Regular Commission Meeting. 6. NEW BUSINESS A) Consideration of Temporary Approval of "Open House" signs to be located on AlA on Sunday's from noon to 4 pm only. MOTION: Commission Trinlev -Moved to allow one plain "open house" sign on Sundays from noon to 4 pm for a period of three months on AlA for Bel Lido Isle; seconded by Commissioner Sorrelli. Commissioner Trinlev -Desperate times require desperate measures. Town Mana eg r Su e~ rman -Just for clarification. I believe that there are four neighborhoods not directly on AlA. Are these signs permitted there also? Town Commission Regular Minutes February 2 2010 Page 4 of 10 Commissioner Pa lg iaro -Why don't we authorize the signage at all four neighborhoods? If they do not want them, they do not have to put them up. Commissioner Trinlev -The request was made specifically for Bel Lido. Do not wish to amend my motion. 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. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Authorization of the Placement of Additional In-Street Pedestrian Crossing Signs at Crosswalks on AlA Town Mana eg r Superman - I have received correspondence requesting these in-street pedestrian crossing signs from the following condos: Monterey House; Coronado, Toscana and Regency Highlands. Have not received anything from the Holiday Inn; Sea Gate nor the Highland Beach Club. Commissioner Pa liaro - If we have eight crosswalks we need to authorize eight in-street signs. It behooves the residents that have not spoken from a safety stand point. Mayor Newill - On the other hand, you might receive a comment that they do not want them. We cannot force them on the residents. Commissioner Trinlev -Were the other three contacted? Reply - No. MOTION: Commissioner Sorrelli moved to authorize the Department of Transportation to install In-Street Pedestrian Crossing Signs at Monterey House, Coronado, Toscana and Regency Highlands; seconded by Vice Mayor Zwick. ROLL CALL: Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Trinley - No Mayor Newill - Yes Motion passed with a 4-1 vote. Town Commission Regular Minutes February 2, 2010 Page 5 of 10 B) Approving an Extension of a Development Order for the Renaissance Project Located at 3200 South Ocean Boulevard Town Manager Su e~ - We are waiting for the developer to submit a disclaimer and hold harmless agreement to the Town Attorney. Once this has been received and accepted, the Resolution approving an extension of the development order can be approved. Ed Masi, the developer submitted the paperwork to the Town Attorney. MOTION: Commissioner Sorrelli moved to accept the "Hold Harmless and Disclaimer Agreement" submitted by the developer of the Renaissance Project located at 3200 South Ocean Boulevard subject to the Town Attorney's approval; seconded by Commissioner Pa ig iaro. ROLL CALL: Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. C) Suspension of Cultural Board Activities by the Administrative Staff Town Mana eg r Su erman - If the Town Commission wants to suspend the activities of the Cultural Board, the Town Clerk has submitted a few questions that need to be addressed. Vice Mayor Zwick - It originally was the Town Commission's intention, that once the Cultural Board was finished with that area, it would go to the police department. If we give it to the police department, and a new group initiates a cultural activities group, would they again be able to use the area? Mayor Newill -The area that you are talking about is used specifically for crafts. Manager Su eg rman - It is not limited exclusively for crafts. Mayor Newill -How many instructors are still in place? Mana eg r Su eg rman -I believe there are three instructors still continuing. Commissioner Trinlev -Stated she had prepared remarks that she wanted to read into the record: This is not a personal attack, it is my own opinion. Never, as I occupy this seat, would I deny our resident's access to town sponsored cultural activities or town sponsored activities of any kind. However, when I made the motion at the 11/3/09 regular meeting to sunset the Cultural Board as of 12/31/09, I did so in good faith, bearing in mind the myriad of like activities our library and the Friends of the Library offer in abundance. I also believed the Town Manager's follow up remarks at the 11/24/09 was about staff's willingness to continue that board's activities only until 12/31/09. I had no idea it was his intention to go forward in Town Commission Regular Minutes February 2, 2010 Page 6 of 10 2010 with the continuation of what the Cultural Board had already planned, plus additional involvement by staff. It also puzzles me that at no time during his 11/224/09 workshop announcement of staff's willingness to continue the Cultural Board's agenda, did he make it perfectly clear that he meant into 2010 and possibly beyond. I would remind you that at no time did he seek the Town Commission's opinion, consent or counsel. In my twenty plus years with the Town, I do not recall this sort of decision being made by other than the Town Commission, because in essence it is a continuation of the Cultural Board and the Town Commission alone is responsible for "Boards and Committees." It was interesting to me when at the 1/26/10 Workshop, I questioned the Town Manager regarding what definition he had applied to the word "sunset" of which there are several, and I read into the record this one: "stipulating a periodic review of government agencies and programs to continue their existence." When I asked the Town Manager if this was the definition that he had in mind, he replied: "That's exactly what I had in mind." So, if my fellow Commissioners deem to accept the Town Manager's definition of the word "sunset." as well as his 11/24/09 announcement of staff's involvement, please know that in my opinion you are relinquishing your authority over this particular board. However, please know that whatever you decide, I will respect your judgment. Vice Mayor Zwick -Appreciate your comments and understand your opinion. When the Library was under construction, it was clearly understood that the community room was to be used for cultural activities. After the Library was opened, the space was used for something else. At all times, the Town Commission's intent was for cultural activities to take place at the library, but do not know if this is possible now. I am reluctant to shepherd the cultural activities onto the Town staff. I really did think sun setting that board the activities would cease. I commend the staff for willing to continue with the activities, but agree with Commissioner Trinley's comments. Commissioner Pa lg iaro - We have some issues that are of some concern to me. The space was on loan to the Cultural Board by the police department. That board became disinterested. If we have enough residents who want to start another board, where will we put them? Would the police department or library have to sacrifice some of their area? Commissioner Sorrelli -Igo along with Commissioner Trinley. Mayor Newill -The Vice Mayor and I were the only two on the Commission when we temporarily loaned this area to the Cultural Board. There was an area originally designated at the Library for cultural activities. If the Town Commission chooses, that area in the library can be designated as a cultural activity room again. As far as I am concerned, the Cultural Board was sunsetted. Commissioner Sorrelli - I agree with the Mayor, but the agenda at the library is packed with activities. Do not know how they can schedule any additional programs. MOTION: Commissioner Trinley moved that all Cultural Board activities presently being handled by the Administrative Staff be suspended after the February 3, 2010 program; seconded by Commissioner Sorrelli. Town Commission Regular Minutes February 2 2010 Page 7 of 10 DISCUSSION: Town Mana eg r Su eg_rman -Want to thank Commission Trinley for her prepared comments. It was my understanding that we were to sunset the Cultural Advisory Board. Frankly, the Board was not doing the assignments set by the Commission and the staff was already undertaking their responsibilities. The sunsetting of the Cultural Board eliminated the staff from providing meeting support but they were willing to continue with the scheduling and planning of the assigned cultural activities. I apologize if I misunderstood. Did not take it as a signal to eliminate cultural activities, did not realize that the sun setting of the Cultural Advisory Board was also a sunset of the activities of the staff. 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. MOTION: Vice Mayor Zwick moved that the Administrative Staff be given the opportunity to prepare and present Light Up The Holidays and the funds left in the Cultural Advisory Boards' account to be used for replacement of any deteriorated decorations used on Town Hall grounds; 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. 8. REPORTS -TOWN COMMISSION Commissioner Pa~liaro - I publicly wanted to thank George Kelvin for his recommendation that we put an article on Channel 97 encouraging residents to look both ways before crossing the street. Also wanted to commend the Town Manager Sugerman and Deputy Finance Director Cale Curtis for reviewing the billing records from Waste Management and making a comparison of their bills compared to the Town's billing for the same service. Manager Sugerman - On a quarterly basis, we do an internal examination of the Waste Management invoice compared to what we actually bill. I am very confident that we will not find ourselves in the same position as Delray Beach. Town Commission Regular Minutes February 2 2010 Paae 8 of 10 Commissioner Sorrelli -Where is our mail box extension? Mana eg r Su eg rman -When the new mail box was installed on January 8th, we were advised that it would be six to eight weeks before the snorkel would be installed. Commissioner Trinlev - No report, but would like to request a Special Workshop Meeting regarding the zoning text amendments recommended by the Planning Board. The Planning Board has done a lot of hard work and I believe the Commission should review the changes line by line. Mana e~ r Su eg rman -Had planned to include this item on the March agenda. Town Attorney Sliney -Agree with Commissioner Trinley. There are a lot of changes and there is no great urgency. The Commission needs some time in reviewing and understanding the changes recommended by the Planning Board. MOTION: Commissioner Trinlev moved to schedule a Workshop Meeting to review the suggested text amendments recommended by the Planning Board; 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 Consensus -Special Workshop on Friday, February 12, 2010 at 1:30 pm. Vice Mavor Zwick - No Report. Mavor Newill - No Report. 9. REPORTS -TOWN ATTORNEY No Report. 10. REPORTS -TOWN MANAGER No Report. 11. CONSENT AGENDA Mavor Newill asked if any item needed to be removed from the Consent Agenda. MOTION: Commissioner Trinlev moved to approve the Consent Agenda as presented; seconded by Commissioner Sorrelli. Voice vote with all in favor. Town Commission Regular Minutes February 2, 2010 Page 9 of 10 Consent Agenda Items: A) Appointment of Barbara Zeeman as the Beaches & Shores Advisory Board's Liaison to the Sea Turtle Program B) Appointment of Ruth Samuels to the Board of Adjustment and Appeals for athree-year Term (02/2010-01/2013) C) Authorization to reschedule the Town Commission Workshop of Tuesday, March 30, 2010 to Wednesday, March 31, 2010; and reschedule the Town Commission Workshop of Tuesday, Apri127, 2010 to Monday, Apri126, 2010 D) Minutes January 5, 2010 -Regular Meeting November 24, 2009 -Workshop Meeting -correction on page 2 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Jerry Marshall -Bel Lido When Chapter 30 was originally proposed, Former Mayor Tom Reid had enlisted some of the residents of Bel Lido to assist in the proposal. We also gave some assistance to the Planning Board on the current revision. I would like to ask during the February 12~' Workshop if we could make comments as the Commission reviews the amendments line by line. Mayor Newill did not think that would be a problem. Tony Rutollo -Coronado When you sunsetted the Cultural Board did you not mean terminate? Mayor Newill -The Commission voted to sunset the Board in November. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 2:50 PM upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Pa liaro. APPROVED: Jim New 11, CPA, ayor Miriam S. Z ck, 'ce Mayor Town Commission Regular Minutes Fehrnarv 2. 2n1 n ~~ /~ l ° ATTEST: Beverly M. B wn, MMC Date / Doris M. Trinley, Commissioner