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2010.04.06_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, Apri16, 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; 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. Absent -Commissioner John J. Sorrelli. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a moment 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 Brandon Caldwell - 2635 South Ocean Blvd. The last time I spoke at a Commission meeting was at the December 2009 Regular Meeting. At that time, I requested that you all take the time to look at the entrance to Byrd Beach Estates. If you did, you would have noticed that we do not have an access for emergency vehicles. The Delray Beach Fire Department has testified to this during a Planning Board Meeting. Recently, Waste Management tried to get one of their trucks in, and they could not enter either. We need an emergency access, and need some assistance from the Commission to complete the development. It is necessary for me to travel with my work, and day meetings axe difficult to attend. Has the Commission ever considered scheduling a meeting in the evening once a quarter? Joe Yucht -Boca Highlands Do not know why the Commission does not want to meet with Boca Highlands to discuss Milani Town Commission Regular Minutes Apri16 2010 Page 2 of 7 Park. I asked the Town Manager if the Commission would meet with the Board of Directors. He advised me to send a letter. Not talking to us is no help in easing the situation. Do not know what the problem is. To cut us off is a shame. Byrd Beach Estates need to be addressed also. We are taxpayers and voters. Please try to resolve the issues. 3. PRESENTATIONS • None 4. BOARDS AND COMMITTEES A) Board Correspondence • Final Recommended Modifications to Sections 23 and 30 of the Zoning Code Town Manager Su e~ - At the March 2°d workshop meeting, the Town Commission sent back to the Planning Board, for further consideration, two specific sections of their initial recommend- ations for modification to the Zoning Code. In particular, the Town Commission asked for clarification on section 30-64(a) (4) and 30-68(f) (1) (c). The Planning Board met on these items on March 25th and approved two changes. The Planning Board is recommending that footnote 4 to Section 30-64(a) be eliminated entirely, and that item (c) in Section 30-68(f)(1) be eliminated as well with sections (d) and (e) each moving up respectively. Lou Stern, Chair of the Planning Board will be in attendance to answer any questions of the Commission. If these final modifications meet with the approval of the Town Commission, the full list of modifications will need to be approved with two readings of a new ordinance, with the second reading being done by public hearing. The earliest that an ordinance could be introduced would be at the May 4th meeting, with the public hearing and final adoption taking place at the June 1St meeting. Lou Stern, Chair of the Planning Board, stated that the Planning Board addressed the items requested by the Commission and asked if there were any questions. He then thanked the Town Attorney and Town Manager for all their assistance. Town Mana eg r Su eg rman stated he would schedule the first reading of the ordinance for May 4th, with the public hearing and adoption scheduled for the June 1St meeting. 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 -Three -Three-year term Applicants -Lou Stern - 1115 Russell Drive (interviewed at the January Workshop) MOTION: Vice Mayor Zwick moved to appoint Lou Stern to a three-year term on the Board of Adjustment and Appeals (5/10 - 4/13); seconded by Commissioner Pa lgiaro. Town Commission Regular Minutes Apri16 2010 Page 3 of 7 ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Mayor Newill - Yes Motion passed with a 4-0 vote. Interview -Evelyn Weiss - 3400 S. Ocean Mrs. Weiss stated she has just completed asix-year term on the Beaches and Shores Advisory Board; has been a resident of Highland Beach for twelve years; and is interested in maintaining the quality of life in Highland Beach. MOTION: Commissioner Trinley moved to appoint Evelyn Weiss to a three-year term on the Board of Adjustment and Appeals (4/10-3/13); seconded by Commissioner Pa lg iaro. ROLL CALL: Commissioner Trinley - Yes Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Mayor Newill - Yes Motion passed with a 4-0 vote. • Planning Board -One -Three-year term Interview: -Joseph Yucht - 4748 S. Ocean Blvd. Mr. Yucht - I hope the Commission does not confuse dissent with disloyalty. Edward R. Morrow made that statement and I think it might be true here. I want you all to know that in all my years, I have been graphic, tenacious, hard working and usually very well prepared. It is not what you say, but really what you do. In my few years here in Highland Beach, about 12, I have served on various boards and committees always with the intent of making an improvement. I don't think all my efforts have been appreciated, I will overlook human error. I felt I was wrongfully removed from the Boca Raton Airport Authority. I had not served two consecutive terms. I was in the hospital and could not be here to defend myself. I have always done my best and I hope it was good enough. At our last Planning Board meeting, the board elected me president if I was reappointed. I hope I will. If I am reappointed, I will serve and do the best that I can. Thank you. Mayor Newill -Any questions from the Commission? Mr. Yucht, I am just a little perplexed and maybe you can straighten me out. I look at the Boards as extensions of the government of Highland Beach. The government of Highland Beach is currently sitting up here, both the elected and the appointees. Awhile back at that same podium, you made a pledge to defeat everyone of the elected part of the government here. And you continuously, including today, find fault with just about everything that we do, whether it is the legislative part or the appointed Town Commission Regular Minutes Apri16 2010 Page 4 of 7 part. My question to you: "Why would you want to participate in a government that you dislike so much?" Mr. Yucht -People like me demand to be heard. We want to make a difference. May I remind you that I have probably contributed more to this community than most anyone else. For example: I proposed, and it was adopted, that we add a second public speaker section to the agenda. When I ran for Town Commission many years ago, I proposed that we have a debate among the citizens. The Town contacted the League of Woman Voters to conduct it. I have been very active in trying to improve things because I think we can improve things. But when you say I am fighting the Commission, how would you feel if you live like I do in Boca Highlands. You see what we try to do to protect our people. Whether it is a traffic light that we want to put in, or preserving our values with regards to Milani Park. We see that our efforts do not even get a response if we make a reasonable request for the Commission to answer us. That's what bugs me the most. I think that the governments are responsible to the people, and the people have a right to answers when they ask questions. I come back here and you don't answer me or tell us anything. You act like a bump on a log. That is not right. Why is it that it happens? Aren't we entitled to an answer? Most of you say no. Why not if we have a legitimate question for the Town, or pertains to the Town. I am not stirring anything up that most of the other people think and talk about. We try to participate at Boca Highlands.. We try to do things for the benefit of our residents. We hear people say things. Then when they are elected they don't do what they say. What the promises were. What do you think we are going to do? We have a stake in this too. What am I the battering boy here? Commissioner Trinlev -What is it about me personally that I have done to offend you? Mr. Yucht - Number 1 - When I first ran for election, you were Town Clerk. You did not give me a full packet with all the election materials. I went to the then Supervisor of Elections, Ms. Lepore, and she told me to sue you over that. I said I do not want to sue Doris. She said that was my only recourse. Comm. Trinlev -Can you prove these assertions? Mr. Yucht -Yes, I have the packet of papers that you gave me. Comm. Trinlev - I would like you to turn them over to the Town Clerk when you get a chance. Mr. Yucht -That was 2001. What good is it going to do. I let it drop. Number 2 - I served on two Boards and did my job. When the terms were completed, I never received a certificate of appreciation as other members did. You were the Town Clerk at that time. Wasn't I entitled to it? That is what I am upset about. Comm. Trinlev - Yes you were. Then there was the day that you threatened me with political oblivion. Do you remember that? Mr. Yucht -You were the next one up for re-election. Comm. Trinlev -That was a verbal threat. Mr. Yucht - It wasn't a verbal threat. I just told you that we were going to get you. That's all. Comm. Trinlev -That was a threat. Mr. Yucht - We have a right. We have free speech in this country. You cannot take that away from us. Mayor Newill - Do any other Commissioners have any questions for Mr. Yucht? Commissioner Trinlev - I personally would like to see the election papers that were incomplete. Do you still have them? Mr. Yucht - I believe I do. I can tell you what it was. It had to do with the ability to get people appointed to be inside the polling place on election day. By the time I discovered that by my own research, it was too late. Comm. Trinlev - I have another question. In terms of killing the flea with an elephant gun, if you felt you were given an incomplete Town Commission Regular Minutes Apri16 2010 Paae 5 of 7 election packet, why didn't you go back to the Town Clerk, me at that time, and explain the situation and let us correct it at the local level. Why did you feel compelled to go to the Supervisor of Elections? Mr. Yucht - I did ask you and got no successful answer. So my only recourse was to go to the Supervisor of Elections. I tried to do the right legal thing. Comm. Trinlev -You and I both have different memories of the same issue. Thanks. Mr. Yucht- I may have a more vivid one because it directly affected me. It probably did not affect the outcome of the election. It was something that was done to me. Why didn't I get a certificate of appreciation after six years on the Board of Adjustment? Why didn't I get a certificate after serving on the charter review committee? Comm. Trinlev -Because the Deputy Town Clerk was in charge of sending out thank you letters and certificates. Mayor Newill - Do not want to see a debate go on. You state that we never answer you on Milani Park. I have specifically, on a number of occasions, asked the Town Attorney to give an explanation. Mr. Yucht - We know you are in litigation. Manor Newill - We are not here for that right now. If you want to attack that again, do it at the end of the meeting. Right now we are talking about your re-appointment. Do you have anything else you wish to say? Mr. Yucht - I would like to know why you would not re-appoint me. Mayor Newill - No one said we were not going to re-appoint you. Mr. Yucht -You are questioning me like I am about to be pushed off into the sea. That's what it feels like to me standing here. Mayor Newill - Do I have a motion? Hearing no motion, we will continue. • Planning Board -One -One-year unexpired term (5/11) D) Monthly Board Meetings • Special Magistrate -April 8th -Cancelled • Beaches & Shores Advisory -April 13th -Regular - 9:30 AM • Planning Board -April 14th -Regular - 9:30 AM • Bd. of Adjustment -Apri120th -Regular - 9:30 AM • Town Commission Workshop - Apri126th - 1:30 PM -Date Change 5. PROPOSED ORDINANCES AND RESOLUTIONS • None 6. NEW BUSINESS A) Designation of a Voting Delegate and Alternate(s) to the Palm Beach County League of Cities, Inc. Town Mana eg r Su eg rman - Each year, the Town must take a formal action of the Commission to designate our voting delegate and alternate(s) to the Palm Beach County League of Cities, Inc. Traditionally we have designated the Mayor as the Town's delegate, with all of the other members of the Commission, as well as the Town Manager, as the alternate(s). Town Commission Regular Minutes Apri16 2010 Pale 6 of 7 MOTION: Vice Mayor Zwick moved to designate the Mayor as the Town's delegate to the Palm Beach County League of Cities, Inc. and the other members of the Commission and the Town Manager as alternate(s); seconded by Commissioner Pagliaro. A voice vote was taken with all in favor. 7) MISCELLANEOUS -ITEMS LEFT OVER • None 8. REPORTS -TOWN COMMISSION Commissioner Pa lg iaro - No Report. Commissioner Sorrelli -Absent. Commissioner Trinlev - No Report. Vice Mayor Zwick - No Report. Mayor Newill -Reminded residents to return their census forms. Town Hall has been notified of a number of individuals not receiving the form. The Census Bureau in Atlanta has notified us that a second mailing will be mailed on the 14t" of April. In addition, there are forms available in the lobby at Town Hall. I would like to remind residents of "Coffee with the Mayor" scheduled for April 26t". Also, this is the second year that I have been nominated to the Board of Directors of the Palm Beach County League of Cities. 9. REPORTS -TOWN ATTORNEY No Report. 10. REPORTS -TOWN MANAGER No Report. 11. CONSENT AGENDA Mayor 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 Vice Mayor Zwick.. Voice vote with all in favor. Town Commission Regular Minutes Apri16, 2010 Page 7 of 7 Consent Agenda Items: A) Appointment of Peter Corrales to the Planning Board for athree-year term (5/10 - 4/13) B) RESOLUTION NO. 10-005 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 09-012 R WHICH APPROPRIATED FUNDS FOR THE 2009-2010 FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2009 AND ENDS SEPTEMBER 30, 2010. C) Authorizing the Mayor to Sign a Contract with ETS for on-line bill paying services. A) Minutes February 12, 2010 -Special Workshop Meeting February 23, 2010 -Workshop Meeting March 2, 2010 -Regular Meeting March 17, 2010 -Attorney/Client Private Se4ssion 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING No Comments. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 2:08 PM upon a MOTION by Commissioner Sorrelli; seconded by Vice Mayor Zwick. APPROVED: Miriam S. Zwick, Vice Mayor _._.~ ~~ ~~.- - Jo J. So li, Commissioner John J. Pagliaro, Commissioner ATTEST: ~° ~ ~' d verly M. •own, C Date /