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2010.03.02_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, March 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 Mayor Newill asked for any additions or deletions. Receiving none, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS Allen Strumwasser - 4748 S. Ocean Blvd. The Board of the Friends of the Library invite the Commission and any interested resident to attend the annual meeting of the Friends of the Highland Beach Library on Thursday, March 25, 2010 at 9:00 AM in the newly updated Sanford H. Goldstein Community Room. The improvements include both an updated sound system and controlled lighting that will allow both spot lighting and the ability to lower the house lights. These changes will. make this room a theater for the performing arts. In addition, the "Thomas Reid History Room" will finally be completed. In addition to housing the history of Highland Beach with documents and pictures, it will become a facility for educational and training purposes with a completely dedicated built-in audio-visual system. We have also updated the children's section with a new dedicated Mitsubishi air condition system. Once again, the date is March 25`t', 2010, and refreshments will be served. Town Commission Regular Minutes March 2, 2010 Page 2 of 9 Jason Finkel - 4600 S. Ocean Blvd. About two years ago, I contacted the Town Manager about a piece of ill maintained land on the west side of AlA adjacent to the Milani piece. About six weeks ago, I approached the Manager once again to see if this same piece of property could be brought up to code. About two weeks ago, two men began cutting down some of the debris. They removed about 1/10th of the over grown trees, worked one day and never came back. Section 13-1 of the Code refers to stagnant water to be a health hazard and a public nuisance. Section 13-2 refers to the penalty for the violation and Section 13-3 addresses the notice to owner to abate the nuisance. This situation is a definite health hazard. Stagnant water is a breeding ground for mosquitoes. Town Manager, please follow through on my remarks and take the appropriate action in accordance with the Town code. Mike Ferrara - 4748 S. Ocean Blvd. My participation today is not enjoyable. We all pay substantial taxes. None of us are happy with what is happening in Washington, Tallahassee or Palm Beach. I am not happy with the agenda item of increasing the salary of the Town Manager. On behalf of the taxpayers of Highland Beach, I am asking that you reconsider this item. The $30,000 spent on investigating the cleaning of the beaches was not necessary. Tighten your belts by only purchasing what is mandatory not discretionary. Seymour Strauss- Boca Highlands Would like to invite all of you to the Lyric Chamber Orchestra's concert at St. Lucy's on March 26~'. At our last concert, we had 200 people in attendance. Wish the town would help us by advertising. When the orchestra played at the library, we had to turn people away. Please reconsider giving us some assistance. Joe Yucht -Boca Highlands Item #7 on the agenda is an additional pedestrian sign for the Holiday Inn. You might get FDOT to replace the paddle that was stolen from in front of Boca Highlands. As I said at last week's meeting, the metal stand is sticking up. It is incumbent on the Town Commission to protect your residents. This is your responsibility. Start doing your job. 3. PRESENTATIONS Police Chief Hartmann introduced Officer Dwayne Fernandes as the newest member of the Highland Beach Police Department. He is a graduate of Pope John High School, has a degree in Criminal Justice, served in the Marine Corp and recently retired from the Delray Beach Police Department after twenty years of service. During his tenure with Delray he received the Medal of Valor for rescuing a blind amputee from a burning building. Dwayne is presently assigned to our field training program handled by Officer David Scherer. Mayor Newill congratulated and welcomed Officer Fernandes on behalf of the Commission. 4. BOARDS AND COMIVIITTEES A) Board Correspondence • None Town Commission Regular Minutes March 2, 2010 Page 3 of 9 B) Board Action Report • Read into the record by the Town Clerk C) Vacancies • Board Beaches & Shores Advisory -Two -Three-year term • Board of Adjustment and Appeals -Two -Three-year term • Planning Board -A resignation was received on Monday, March ls`. This position will be advertised in accordance with the established procedures. D) Monthly Board Meetings • Special Magistrate -March 4th -Cancelled • Planning Board -March, 10'~ -Regular - 9:30 AM • Bd. of Adjustment -March. 16d' -Regular - 9:30 AM • Beaches & Shores Advisory -March 18th -Regular - 9:30 AM • Beaches & Shores Advisory -March 23rd Workshop - 9:30 AM • Town Commission Workshop -March 31S` - 1:30 PM -Date Change 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 the Ordinance, title only, into the record. Mayor Newill asked for comments from the Commission. Receiving no comments, he opened the Public Hearing. Receiving no comments from the public, the Public Hearing was closed. MOTION: Vice Mayor Zwick moved to adopt Ordinance No. 10-001 O on second reading; seconded by Commissioner Pa liaro. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Commissioner Sorrelli - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. B) RESOLUTION NO. 10-003 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, AUTHORIZING A SALARY ADJUSTMENT FOR THE TOWN MANAGER. Town Commission Regular Minutes March 2 2010 Page 4 of 9 MOTION: Commissioner Pa lg iaro moved to authorize a 5% pay increase for the Town Manager; seconded by Vice Mayor Zwick. DISCUSSION: Commissioner Pagliaro -With the evaluation form, I also received a 7 page document identifying what the Town Manager has accomplished over the past year. The Town Manager's work is excellent. My recommendation is based on this documents and decisions that he has made over the past year. Vice Mayor Zwick - I am in agreement with Commissioner Pagliaro. I am impressed with the work that he has completed, and find him making a bigger impact on this community than has any other Manager. Commissioner Sorrelli -This is not an easy decision to make. We all know people are having a tough financial time. I believe our employees are good employees. I am not happy that the employees are not getting along with the Manager. Something is wrong. Mayor Newill -What did the employees get? Mana e~ e~ -They receive a COLA and a merit increase. Actually, no one received a COLA this year. The merit increase is based on performance. Most employees receive a 5% merit increase. ROLL CALL: Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Commissioner Sorrelli - No Commissioner Trinley - No Mayor Newill - Yes Motion passed with a 3-2 vote. Commissioner Sorrelli -With this increase what is your salary. Mana eg r Su erman - My salary presently is $134,255.00. With the 5% increase, it will increase by $6,712.78 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. Town Mana e~ e~ -During last week's workshop, a resident requested that the Commission authorize the temporary approval of generic open house signs for the other 3 cross sections of intersections on AlA. Vice Mayor Zwick -Since there are only 3 additional areas, and it is only temporary, feel we should authorize the temporary approval. Town Commission Regular Minutes March 2 2010 Page 5 of 9 Mayor Newill -This will be the same temporary approval given to Bel Lido, of which 30 days has already passed. MOTION: Vice Mayor Zwick moved to allow one plain (black and white) "open house" sign on Sundays from noon to 4 PM for a period of 60 days on all cross intersections of AlA; seconded by Commissioner Pa lg iaro. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Responding to a Request for the Approval of Additional In-Street Pedestrian Crosswalk Signage at the Holiday Inn Mayor Newill inquired if there were any additional cross walks without Signage in Town? Reply -The last one is the Highland Beach Club. MOTION: Commissioner Sorrelli moved to authorize FDOT to install the In-Street Pedestrian Crosswalk Signage at the Holiday Inn; seconded by Vice Mayor Zwick. ROLL CALL: Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Commissioner Trinley - Yes Commissioner Pagliaro - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. 8. REPORTS -TOWN COMMISSION Commissioner Pa 1~ iaro - No Report. Commissioner Sorrelli - No Report. Commissioner Trinley - No Report. Town Commission Regular Minutes March 2 2010 Page 6 of 9 Vice Mayor Zwick - We all had the pleasure of meeting our newest Patrol Officer today. Would like to say that we have a jewel of a police department and Chief Hartmann is doing a great job in his recruitment. Mayor Newill - 1) We previously agreed to pursue our own ethics regulations. The Town Manager has provided us with some examples. If you have any comments or suggestions, please notify us by March 15~' so that we can put all the comments together and schedule a workshop. 2) During the "open house" sign discussion, much has been said about political signs. Do you want to include political signs in the code? Address the number of signs? Address a time limit? Commissioner Sorrelli -Are we going to restrict political candidates because of a few comments? I am strongly against it. It only happens once a year. Commissioner Trinley -Would it not be a good idea to put it in writing? Vice Mayor Zwick -Would venture that it could be a guideline for candidates. Say that no candidate can have more than 12 signs for 3 weeks. Even though only two people discussed it in the public portion, a lot of people discuss it. Town Attorne~ney -Political signs are a first amendment issue. It is very difficult to regulate political signs. Not only can candidates challenge it, but anyone else can also challenge it. Town Mana er Su eg rman -Our code regulating signs is a permissive code. At the end of the section in the code, it states: "all other signs are not permitted." Political signs are fully allowed on private property and the Commission would have good standing to regulate them in the public right of way. Mayor Newill -Does someone feel strong enough to make a motion? No further comments. 9. REPORTS -TOWN ATTORNEY A) Scheduling of Attorney-Client Private Session -March 17, 2010 at 10:30 AM Town Attorney Sliney - It is necessary to schedule anAttorney-Client Private Session to discuss two pieces of litigation. I am formally requesting the Commission schedule a meeting on March 17~', 2010 at 10:30 AM. Consensus was to schedule anAttorney-Client Private Meeting on March 17~', 2010 at 10:30 AM. 10. REPORTS -TOWN MANAGER A) Update on Committee Work on Zoning Code Text Amendments -Chapter 30 Town Manager Su eg rman -The Town Attorney, Planning Chair and myself have met to further discuss the zoning code text amendments. The Commission did not want to necessarily send the amendments back to the Planning Board, but we are struggling with "ancillary items." We are not Town Commission Regular Minutes March 2 2010 Page 7 of 9 sure what it means. In addition, another item brought up at the Workshop, but not addressed in these amendments was screen enclosures. The Committee recommends sending these items back to the Planning Board for clarification. Commissioner Trinlev -Section 30-46 and Section 30-68 written notices still need to be addressed. It needs to be clarified. MOTION: Vice Mayor Zwick moved to refer revisions to the Zoning Code Text Amendments back to the Planning Board for clarification; seconded by Commissioner Pa liaro. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Commissioner Sorrelli - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. 2) Art in Public Places Town Mana eg r Superman -The Town staff has been working on the refreshing of Town Hall. We have removed numerous plaques and old pictures. The Administrative Department would like to hold a juried art competition to provide art in Town Hall. I have referred to it in my weekly report, and would like authorization to go forward from the Town Commission. Commissioner Sorrelli -Please explain what you are planning to do. Manager Su eg rman - We would like to have a juried art show competition. The art would be displayed in Town Hall. Commissioner Trinlev -Who would make the selection of the art? Why a competition? Manager Su eg rman -The competition would be so that we have control or structure. Plus we would get a release from the artists. Commissioner Pa lg iaro - I think it is a wonderful idea. Commissioner Sorrelli -The only reason that I would object would be that the library already does this. Vice Mayor Zwick -Since there is no tangible prize, they will not hang there forever. No one is gaining anything from having their art work displayed in Town Hall. Do not feel that it conflicts with the library. It would give local artists a larger venue to display their art work. Do not see anything wrong with the staff displaying local artist's paintings in Town Hall. Commissioner Trinlev -Rather than art in public places, why not good government in public places. Town Commission Regular Minutes March 2 2010 Page 8 of 9 Mayor Newill -Would like to see art displayed, even if it would be only one artist. 11. CONSENT AGENDA Mayor Newill asked if any item needed to be removed from the Consent Agenda. MOTION: Commissioner Trinley moved to approve the Consent Agenda as presented; seconded by Commissioner Sorrelli. Voice vote with all in favor. Consent Agenda Items: A) RESOLUTION NO. 10-002 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH IlvIPLEMENTING SECTION 14 OF SENATE BILL 360, AS ADOPTED BY THE 2009 FLORIDA LEGISLATURE AND SIGNED INTO LAW, PERTAINING TO EXTENDING CERTAIN "DEVELOPMENT ORDERS"; PROVIDING FOR THE EXTENSION OF THE VARIANCE AND DEVELOPMENT ORDER OF THE HIGHLAND BEACH RENAISSANCE PREVIOUSLY RECEIVED FROM THE TOWN OF HIGHLAND BEACH UNTIL NOVEMBER 20, 2011 B) RESOLUTION NO. 10-004 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING THE ELECTION FOR ONE (1) COMMISSION SEAT TO HAVE BEEN HELD ON THE 9~ DAY OF MARCH, 2010 TO BE UNNECESSARY SINCE THE ONLY CANDIDATE WHO QUALIFIED WAS UNOPPOSED C) Approving Use of the Town's BBQ Grille on April 11`~ by the St. Lucy's Men's D) Minutes January 26, 2010 -Workshop Meeting February 2, 2010 -Regular Meeting 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht -Boca Highlands I am a little perplexed. The Commission has scheduled anAttorney-Client Closed Session on Milani Park. It affects Boca Highlands more than anyone else, but we have no input. The Planning Board made recommendations on the zoning code amendments. The Planning Board also made recommendations on Milani Park. It seems to me where you have questions, they both should be treated the same. Very happy to hear campaign signs is a dead issue. If you put that through, the next thing you would try to stop is phone calls and campaign gatherings. You all are elected and have used the signs in the past. Town Commission Regular Minutes March 2 2010 Pa~e~9 of 9 Mike Ferrara - 4748 S. Ocean Blvd. Would like to congratulate the new patrol officer. The sign amendment is a ls` Amendment issue. No matter where you are, it is always a problem to take them down. In Highland Beach, there is little publicity in the newspapers. The signs are the only opportunity for candidates. Do not understand why you prohibit "open house" signs. It is the only opportunity for residents to sell their property. Thank you for watching out for the Highland Beach residents. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 3:00 PM upon a MOTION by Commissioner Sorrelli; seconded by Vice Mayor Zwick. APPROVED: Jim N ill, CPA, Mayor Doris . Trinley, Commissioner ATTEST: Beverly M. rown, MMC ( ~ d Date ~ John J. Sorrelli Comm' sio r Jo . Pagl' , Commi oner