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2007.12.04_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH TOWN COMISSION REGULAR MEETING MINUTES Tuesday, December 4, 2007 1:30 a.m. Mayor Harold Hagelmann called the Meeting to Order in Commission Chambers at 1:30 p.m. In attendance were Mayor Hagelmann, Vice Mayor Joseph Asselta, Commissioner Doris Trinley, Commissioner Jim Newill and Commissioner Miriam Zwick. Town Attorney Thomas Sliney and Acting Town Manager Beverly Brown were also in attendance as were members of the general public. After the Pledge of Allegiance was given, there was a moment moment of silence for the armed servicemen. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: There were no changes to the Agenda. 2. PUBLIC COMMENTS AND REQUESTS: GEORGE KELVIN, Braemer Isle, spoke about the appearance of the Town Hall • complex at night, stating that several of the outdoor lanterns are either out or dimly lit. He also said that the entrance lane to the complex is dark and suggested that illuminate ground entrance signs be placed for easier visibility. DANIEL KALASKI, 28 year resident of Dalton Place, noted that he was before the Commission several months ago requesting that a light be placed at the fire station. He was questioning why four members of the Commission withheld their support for a light, noting his reasons for safety of both the firemen and the residents in the community. Mr. Kalaski also stated that he had sent a letter to Town Manager Dale Sugerman requesting approval of the light, noting that there is no other firehouse in Florida or any other State without a signal light. Commissioner Trinley responded that she spoke to two firemen who agreed that it would help to have the light, but when they looked at the configuration of the road, could not determine when the light would be installed, or if two lights would be necessary. JOSEPH FINKEL, Carron House, Boca Hi - Vice/Press. Boca High Center. Expressed his surprise that four of the five Commissioners voted against the signal light. He also noted that he could not recall a firehouse in Florida or anywhere else that does not have a light. He expressed concern that the loss of time directing traffic without a signal light could result in the loss of a life. He urged the Commission to reconsider their decision. • • Town of Highland Beach Regular Meeting Minutes December 4.2007 Page 2 of 7 PAUL RESNICK, Braemer Isle, also spoke about the flashing light in front of Boca High, with a sign that says to stop for pedestrians, and the two flashing "hidden drive" lights by town hall, noting that there are no hidden drives, no one pays any attention to them, and should be gotten rid of. Mayor Hagelmann stated that the DOT needs to approve the installation of any type of light, and that the flashing light across from Town Hall has been there for many years. SEYMOUR STRAUSS, Boca High, said the statement that all firehouses have a blinking light in front of it is not true. He mentioned that he is aware of seven Oceanside firestations that have no blinking lights, and the new firestation on Atlantic Avenue has no light. In regard to the light in front of Boca Highland, he is aware of two accidents as a result of the light being there. Mayor Hagelmann said the state does realize that the blinking lights at Boca High are not doing the job that they were expected to do. Instead they will install a traffic light in that area which will be green at all times, and turn red when someone needs to cross. The DOT is currently looking into the matter. • 7OE YUCHT offered his opinion as to where the two lights could be placed for the firestation - at the southern exit of Town Hall, with the second light a bit north of the station. Mayor Hagelmann asked the Commission to grant him permission to pursue looking into the installation of a light. The Vice Mayor stated no. Commissioner Zwick reminded the Commission that this had already been discussed with the County, and the Commission already voted against it because it was not a practical or safe matter unless there were two separate lights, of which the state would not approve, and sees no need to approach the County again with the same issue, unless the Town has something new to approach them with. The Mayor said that he had never heard anything about putting two lights in and the County rejecting that. He is just asking to go ahead to pursue for the safety and welfare of the fire dept. employees, and let the county set up the design. Commission Trinley agreed with Commission Zwick, if in fact two lights had been discussed. The Mayor Hagelmann disagreed that two lights had never been discussed. He feels the Commission turned down the light due to financial reasons. Vice Mayor Asselta said it was turned down because at the time it was felt there would be no additional safety added, and that was confirmed by the fire department as well. • The Commission did not act on the Mayor's request. • Town of Highland Beach Regular Meeting Minutes December 4, 2007 Page 3 of 7 3. PRESENTATIONS• NONE. 4. BOARDS AND COMNIITTEES: A) Board Correspondence: -John Pagliaro presented a report regarding the obstructions on AlA which he and Paul Resnick have been investigating, and of which a report was made by the DOT. The report finds that there are over 800 "obstructions" on the AlArfght-of--way, although not recommending they all be removed. The main obstructions are mailboxes, reflectors, shrubs, signs, and concrete mushrooms and pyramids. Mr. Resnick noted that most of the obstructions are on the West side of AlA, with DOT installing the newly planted royal palm trees. The DOT is leaving it up to the Town as to what they want to allow to remain, move, or in the future not allow. Mr. Pagliaro asked the Commission if they would like the CEB to continue investigating these issues and look at possible changes to the Code to reflect such changes. Mr. Dawson stated that in order to address code complaints about these obstruction issues, he needs something in the code to reference. • After further discussion, Vice Mayor Asselta recommended sending the issue back to the Town Manager for review and to process through his staff, and make the decision if it should go to the Town Commission. There was full agreement to send this back to the Town Manager for review. Commissioner Trinley brought up the situation of Boards establishing Ad- Hoc/Sub-committees, and questioned where in the code it is stated that a Board can do this without the Town Commission consent or their appointment of members to a committee. At the conclusion of their discussion, the following MOTION was made by VICE MAYOR ASSELTA/COMMISISONER TRINLEY: IT IS THE POLICY OF THIS BOARD OF COMMSISONERS, THAT ALL ADVISORY BOARDS WOULD BE SUBJECT TO THE POLICY THAT SUB-CONIlVIITTEES, IF APPOINTED, OR NECESSARY, WITHIN ANY ADVISORY BOARD, MUST COMPRISE OF ONLY MEMBERS OF THAT BOARD, AND THAT THE WORK OF THAT SUB-COMMITTEE IS RESTRICTED TO FACT FINDING AND NOT, AND DOES NOT AND WILL NOT INVOLVE RECOMMENDATIONS OR OPINIONS. • Town of Highland Beach Regular Meeting Minutes December 4.2007 Page 4 of 7 The following roll call vote was taken for approval of Motion: Commissioner Zwick yes Commissioner Trinley yes Commissioner Newill yes Motion carried 5/0. Vice Mayor Asselta yes Mayor Hagelmann yes Mayor asked Town Clerk to send each Board Chairman a copy of the Motion. B) Board Action Report -Mayor noted the report was attached to the Agenda. C) Board Vacancies -None D) Reappointment -Consideration of Reappointment of Paul Resnick to the Code Enforcement Board. Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER NEWILL, Paul Resnick was reappointed for a second three year term on the Code • Enforcement Board. E) Monthly Board Meetings - Mayor Hagelmann read the following Board Meeting Schedule into the record: Beaches & Shores Advisory -Dec. 11 -Regular - 9:30 a.m. Board of Adj. & appeals -Public Hearing -Dec. 11~' - 1:30 p.m. Planning Board -Dec. 12~' -Regular - 9:30 a.m. Code Enforcement Board -Dec. 19~` - 9:30 a.m. Cultural Advisory - No Scheduled Meeting 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE N0.070.002 O -Second and Public Hearing AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITINOS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE TOWN OF HIGHLAND BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. (1~Reading 11/6/07; Posted 11/6/07; Published 11 /23107) • Town of Highland Beach Regular Meeting Minutes December 4.2007 Page 5 of 7 Mayor Hagelmann noted that there were no comments from the Boazd, and opened discussion to the Public, of which there was no input. Mayor closed session to the Public and asked for a Motion from the Boazd for approval, of which the following MOTION was made by COMMISSION ZWICK/COMMISSIONER TRINLEY to approve Ordinance No. 07-002 0. The following Roll call vote was taken for approval of Ordinance: Commissioner Trinley yes Commissioner Newill yes Commissioner Zwick yes Motion carried 5/0. Vice Mayor Asselta yes Mayor Hagelmann yes 6. NEW BUSINESS: Sponsorship of Agenda Items Mayor Haglmann noted that he is aware of other municipalities which note a reference as to who brought an ordinance or referendum to the agenda. Commissioner Trinley, who • worked for the Town for many years, stated that she has never seen an ordinance or resolution sponsored by a Commissioner, and does not see a necessity for it. Commissioner Newill concurred with Commissioner Trinley. Commissioner Trinley suggested that a survey be conducted of other municipalities with results brought back to the Commission. Mayor Asked the Town Clerk to conduct a survey of other municipalities. Attorney Sliney also commented that he is not aware of a Commissioner typically sponsoring an ordinance or resolution, as 90% of these usually come through staff. Authorization for Mayor to Sign Change Order #3 -TLC Diversified Mayor noted that $6,447 has been added to the overall project. There was no discussion and Mayor asked for a motion to approve. MOTION was made by COMMISSIONER ZWICK/VICE MAYOR ASSELTA to approve subject change. The following roll call vote was taken: Commissioner Newill yes Commissioner Zwick yes Commissioner Trinley yes Motion carried 5/0. Vice Mayor Asselta yes Mayor Hagelmann yes 7. MISCELLANEOUS -ITEMS LEFT OVER: • Town of Highland Beach Regular Meeting Minutes December 4.2007 Page 6 of 7 Minutes -Upon MOTION by COMMISIONER TRINLEY/COMMISSIONER ZWICK, the minutes of the following meetings were unanimously approved: Workshop Meeting -October 30, 2007 Regular Meting -November b, 2007 8. REPORTS -TOWN COIVIlVIISSION: . COMMISSIONER TRINLEY - Thanked all involved in the LUTH celebration, and wished everyone a happy holiday season. . COMMISSIONER NEWILL -Wished all a happy holiday. He stated that several Saturdays ago, a trier training session was being held at the Police Dept, and he attended the session and noted its interest. Commissioner Newill suggested the other Commissioners see the training for themselves. Chief Angelillo said that he would be able to set up a session for the Town Commission should they have an interest in seeing it. . COMMISISONER ZWICK -Thanked Emily Firtell, Bill Moore and his staff, • Father Grrace, the Police and Fire Dept., Molly's Trolleys and others for their help with the LUTH celebration, and asked that thank you letters be sent. . VICE MAYOR ASSELTA -commented on the fine job they have been doing, especially this past year. He noted that prior to Detective DiVito becoming a detective; the Town has never had one and feels that many issues were not investigated because of a lack of that position. Commissioner noted a list 19 times that Detective DiVito was called upon to solve a crime, of which many were solved within a day or two. Commissioner noted that Det. DiVito is doing an excellent job. . MAYOR HAGELMANN -Thanked all who helped at the LUTH celebration, and noted its success. He also wished everyone a happy holiday. 9. REPORTS -TOWN ATTORNEY: No Report. 10. REPORTS - TOWN MANAGER: . ACTING TOWN MANAGER BEVERLY BROWN -reminded everyone that the library is sponsoring a ITkranian Dance on Saturday, Dec. 8 in the morning. She noted that the Florida Business Journal will be doing an article next week on the Town's property which is for sale. Town of Highland Beach Regular Meeting Minutes December 4, .2007 Page 7 of 7 Mayor Hagelmann noted that due to the holidays, the November 27 Workshop meeting has been cancelled, the December 25 Workshop meeting has been cancelled and the January 1 Regular meeting has been rescheduled to January 8. 11. CONSENT AGENDA: None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Rod Caputo -felt that a traffic study should be made regarding the fire station light. Alight should not be installed on someone's "opinion". . Jason Finkel -stated that he does not know the Mayor and spoke regarding the fire traffic light on his own accord, not as a "friend" of the Mayor as the Vice Mayor suggested. He supports the installation of a traffic signal light at the fire station. 13. ADJOURNMENT: With no further business to come before the Board, MOTION to adjourn was made by COMMISISONER NEWILL/COMMISSIONER ZWICK at 3:10 p.m. APPROVAL: Mayor Harold R. Hagelmann Vice Mayor Joseph J. Asselta Commissioner Miriam S. Zwick Commissioner Jim Newill, CPA Commissioner Doris M. Trinley ATTEST: DATE: