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2010.10.05_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, October 5, 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; Chief of Police Craig Hartmann; Public Works Director Jack Lee; Utility Maintenance Supervisor Bill Moore; Deputy Finance Director Cale Curtis; Assistant to the Town Manager Zoie Burgess; 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. Commissioner Trinley requested that further consideration of the part-time Administrative Assistant in the Town Clerk's Department be included on the agenda. Mayor Newill — Under the impression that the Commission agreed that there would be a part-time Administrative Assistant in the Town Clerk's Department. Town Attorney can we vote on that position? Town Attorney — You can include it under Section 7 — Miscellaneous Items Left Over — Item #D. 2. PUBLIC COMMENTS AND REQUESTS Joe Yucht — Boca Highlands My family and I would like to thank Mayor and Helene Newill, Commissioner John Pagliaro and his wife, Commissioner John Sorrelli and his wife, Town Clerk Beverly Brown; former Mayor Arlin Voress, and Max and Mary Angel for their kind thoughts and prayers and for attending the funeral of Renee Yucht. 0 Town Commission Regular Minutes October 5, 2010 Page 2 of 12 3. PRESENTATIONS None • 4. BOARDS AND COMMITTEES A) Board Correspondence • None B) Board Action Report • Read into the record by the Town Clerk C) Vacancies • Beaches & Shores Advisory — Two — three-year terms • Planning Board — One — two-year unexpired term (8/12) D) Monthly Board Meetings • Special Magistrate — October 7th - Cancelled • Beaches & Shores Advisory — October 12th — Regular - 9:30 AM • Planning Board — October 13th - Regular — Cancelled • Bd. of Adjustment — October 19th - Regular - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS None 6. NEW BUSINESS . A) Awarding a Contract to Coffinan Clark Construction, Inc. of Jensen Beach, Florida, in the Amount of $85,865.00 for the Abandonment and Grouting of 12 Water Main Interconnections on SR A IA. Town Manager Su erman — As previously mentioned to members of the Commission, we are in the process of abandoning and grouting all of the old water transmission lines on SR AIA. The old 6" and 8" transmission main continues to be abandoned and grouted by Asphalt Consultants, Inc. In addition to the abandonment of the main lines, there are a total of 12 crossings under SR AIA where the general contractor wanted to charge the Town an additional $178,275.00 to undertake those abandonments. The Town staff thought that amount was too high, so we went out and obtained two alternative quotes on this work. The low quote came in from Coffman Clark Constructions, Inc. of Jensen Beach with an amount of $85,865.00. The second low quote came from TLC Diversified and they were $2,736.00 higher. The three quotes are: Coffman, Clark Construction, Inc. - $85,865.00; TLC Diversified - $88,601.00; and Asphalt Consultants, Inc. - $178,275.00. This additional abandonment and grouting work was not included in the original construction plans because we thought that the existing cross -over interconnections would just be replaced as part of the original construction plan. That concept was abandoned once the project got underway, because the condition of many of the existing crossovers were in such bad shape, that they would not hold up to any type of construction work near them. Instead, we decided it would be much better to "loop" the system with a large 10" interconnect at the south end of Town, already installed, and just abandon the existing, remaining, deteriorated interconnections once the new main lines were installed and operational. • Town Commission Regular Minutes October 5 2010 Paae 3 of 12 Included in your packet was a two page letter of explanation from the Town's consulting engineer on • this project, along with a memo and supporting documentation from Jack Lee, Public Works Director, outlining his recommendation, along with the written details of the three quotes that he was able to obtain for this project. Since this work is outside of the existing construction contract with Asphalt Consultant's, Inc. this work will not be charged to their contract. Instead, a separate contract with Coffman Clark Constructions, Inc. will be entered into. Funds to pay for this work are available within the DEP loan award, so no additional Town funds will be needed to pay for the new crossing. As the Commission will recall, the DEP loan awards have $3,812,240.00 in available funds for the overall project. As of September 28th, we still had $108,361.00 in appropriated, but unassigned loan proceeds, so awarding this contract to Coffman Clark Construction, Inc. for $85,865.00 will still keep the Town well within the parameters of the DEP loan award. Beyond that, the base contract with Asphalt Consultants, Inc. will still be coming in under budget. It is my recommendation that the Commission award the abandonment and grouting contract in the amount of $85,865.00 to Coffman Clark Construction, Inc., and that funds for this contract should come from the DEP loan proceeds. Jack Lee and Bill Moore are in attendance to answer any questions that the Commission might have on this request. Manor Newill — I have no problem with what you are submitting, but am confused because two of the quotes have exact addresses where the work is going to be done, and the other has four buildings in a row and then the rest are scattered all over the Town. Why such a concentration in that one area? Manager eg nn — Each of the contractors quoted in a slightly different way. All three contractors have quoted the correct locations, but have quoted it out differently. Bill Moore — Utility Maintenance Supervisor — I assume you are talking about Villa Mare, Monterey House, Penthouse Highland, and • Sea Gate. Those were not only crossings, but actual feeds. At one time, prior to 1971/1973 when they installed a 14" water main on the west side of AIA, these condos were fed off of the 8" water main on the east side of AIA. When they installed the 14" main on the west side, they tied the crossover to the 14" so they were fed on both sides. What we have to do now is go in, cut and cap the existing line on the west side where it loops off of the 14" and goes back into these condos. Then turn around and grout the line back to the east under A IA. You cannot leave an open line under a federal highway. Mayor Newill — So all these locations listed will be dug up? B, Moore — On the west side, they will be dug up and cut. If it loops into the 14" and ties into the crossover, it will be cut and capped and rerouted back to the west and then the line going back to the east will be grouted. Manager_ Su eg_nn — The line itself that crosses will not be dug up. The point where the connection is made will be dug up. Mayor Newill — Will there be any driveways dug up? B. Moore — Not that I am aware of. There are some in close proximity to the driveways, but no driveways should be disturbed. There are a few sections of the walk path that will be cut loose and replaced. Comm. Sorrelli - The engineer never picked this up? B. Moore — When we did the design, we had a water model that showed we could use the existing crossovers to facilitate a better fire plug. The number of crossings that we had allowed us to shut down sections of Highland Beach in small increments when work had to be done in a specific section. When the existing contractor came to these locations, it was discovered that these pipes were in such bad shape that it was a 50150 chance • whether or not you wanted to touch it or tie it into the new 10" on the east side. We looked at all of Town Commission Regular Minutes _October 5, 2010 Page 4 of 12 them and picked out what we had to keep and we chose to abandon thirteen. One of which was Bel Air Drive which we have already completed. There are now twelve that we have chosen to abandon due to age and deterioration of the pipe. The pipe crossing the road is called a "Class A iron pipe" and . is very fragile. It is better to do this now than have an interruption of service down the road. In the original design, these pipes were not going to be dug up. Vice Mayor Zwick - Two questions: 1) These pipes being left under AIA are going to be grouted. Is any part of the pipe under A 1 A going to be left empty? B. Moore — No, they will be grouted completely from one end to the other. 2) Anything in the immediate or long range that you have observed that might be coming back to us in the future? B. Moore — Not that I can think of or perceive. We have a new 10" main on the east side of AIA. We have both a north and south loop tying it into the 14" main on the west side. The existing pipes that we are leaving, the integrity of all those have been checked and doubled checked. The ones that we chose not to use are all old Class A pipes. Jack Lee — Public Works Director - The ones that we are leaving in are ductile iron lined pipes which have a longer life expectancy and is a much better pipe. Some of the cast iron crossover pipes are 60/70 years old. The integrity of the ductile iron pipes is very good. Manager Su erman — One other thing that we have done on this project is we have documented both the existing system and everything that we installed in this project. We now have a set of "as built plans" that has every connection, pipe, valve, "Y" marked on it. We know exactly where everything is located. MOTION: Vice Mayor Zwick moved to award a Contract to Coffman Clark Construction, Inc. of Jensen Beach, Florida in the amount of $85,856.00 for the abandonment and grouting of 12 water main • interconnections on SR AIA; 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: Mayor Newill — Question - Did we not have a "Miscellaneous Item Left Over" concerning education of Board of Adjustment or replacing the Board with a Special Magistrate? Manager Sum — I think that was only a topic of discussion not an agenda item. At this time, no action is pending. A) Endorsing the Police Department Volunteer Program Manager Su eg rman — At last week's Workshop, Chief Hartmann introduced the concept of a volunteer program for the Police Department. He shared a copy of the application as well as the "General Order" associated with the volunteer program. At the Workshop Meeting, there is no voting. I believe he Town Commission Regular Minutes October 5, 2010 Page 5 of 12 generally received verbal support from the Commission. It is placed on the agenda for a vote. It is your • decision. Comm. Sorrelli — Will this program be using the Reserves? Mayor Newill — This program does not use the Reserves. Manager Su eg rman — This gives the Police Department another option. This program allows volunteers as well as Reserves? MOTION: Commissioner Pagliaro moved to endorse the "Volunteer Program" in the Police Department; seconded by Vice Mayor Zwick. ROLL CALL: Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Mayor Newill - No Motion passed with a 4-1 vote B) Request by the Beaches and Shores Advisory Board and the Sea Turtle Volunteer Program to use the Commission Chambers for the Purpose of Hosting a Meeting to Promote Sea Turtle Awareness to Residents of the Town • Manager Su eg rman —The Sea Turtle Volunteer Program has requested to use the Chambers to host a meeting to promote sea turtle awareness to the residents of the Town. This item was introduced at last week's meeting, but there were a couple of outstanding questions. The date is not locked in but at this time we believe the meeting will be held on November 3rd at 10 AM. It is not the official announcement, but it appears to be the date. They have also discussed having another meeting in the spring, but no date has been set. Mayor Newill — Do other organizations that use this room pay any fee? Town Clerk Brown stated that homeowner and condo associations use this room during the evening, and no fee is charged. Comm. Sorrelli — Why is the Library not being used? Manager Su eg rman — We did not check with the Library. In the future, the Library will be checked for availability. MOTION: Commissioner Pagliaro moved to allow the Sea Turtle Program the use of the Commission Chambers to host a meeting to promote Sea Turtle Awareness; seconded by Commissioner Trinley ROLL CALL: Commissioner Pagliaro - Yes Commissioner Trinley - Yes Commissioner Sorrelli - No Vice Mayor Zwick - No Mayor Newill - Yes Town Commission Regular Minutes October 5, 2010 Paize 6 of 12 Motion passed with a 3-2 vote. Mayor Newill — Can I ask why the two Commissioners voted no? • Vice Mayor Zwick — I voted "no," because I felt we overlooked the earlier question of using the Library. If I remember correctly, when building and planning the Library, a public room was included to accommodate this type of meeting. Why the library room would not be used is beyond me. I thought it was built for this very purpose. It is the Town of Highland Beach public room. We discussed that the Commission Chambers would only be used if a program was already scheduled. If the room is vacant, they should be using it. To not even consider it, is beyond me. Comm. Sorrelli — I agree with the Vice Mayor. Mayor Newill — We have a short time frame with this, as we will not be meeting as a body to vote on it until the day before the requested use. I recognize the arguments of the two Commissioners that opposed the request and I think that they have a legitimate argument. But, we are allowing other organizations to meet in this room without any charge. Q Review of the Town's Personnel Policy on the Topic of Promotion of Employees Manager Su erman —This is a review of the Town's Personnel Policy on the topic of Promotion of Employees, and is a carry over from last week's Workshop. In your packet is the memorandum that I wrote on this subject. On page 2 of that memo I wrote three examples of alternatives to the existing policy. There was some debate over which was the better of the three alternatives. It appeared there was interest in Alternative A and C. Want to point out there could be more alternatives; these are onl)o three that I crafted. Believe the Commission wanted further discussion on the policy relating to promotion of employees. Mayor Newill — Any comments or questions? MOTION: Commissioner Pa liaro moved to include Alternative "A" in the Town's Personnel Policy. Comm. Pa liaro — My reason is that both "A" and "C" say about the same, but "A" is simple, to the point, and uses less words. Comm. Trinley - Mayor, last week you wanted to include supervisory employees only, have you changed your mind? Mayor Newill — I do not recall that. It should apply to all individuals. I guess the biggest problem I have, is I think "C" gives more information and "A" is not as directive. Comm. Trinley — I will second the motion for purposes of discussion Mayor Newill — Any additional discussion? Comm. Pa lg iaro — Can you be more specific? Mayor Newill — In the end the words "may not" is not as directive as I think "C" is. Comm. Trinley — If we adopt "C," how does that affect the language adopted by the Town Commission with the FOP Bargaining Agreement — Article 10 page 21 of the Agreement? Mayor Newill — My 0 Town Commission Regular Minutes October 5, 2010 Page 7 of 12 understanding is that we cannot touch a negotiated contract. This policy would not override the • Bargaining Agreement. If we wanted to change that agreement, we would have to negotiate it in a future contract. Manager Superman — It would mean we would have two standards. One for the FOP and a separate one for the rest of the employees. It would not automatically change the standard for the FOP at the end of the contract year. That would have to be negotiated. Mayor Newill — The crux of your statement is that we would have two standards. In the history of the union, we have had a number of different standards. ROLL CALL: Commissioner Pagliaro - Yes Commissioner Trinley - No Commissioner Sorrelli - No Vice Mayor Zwick - No Mayor Newill - No Motion fails with a 1-4 vote. MOTION: Vice Mayor Zwick moved to include Alternative "C" in the Town's Personnel Policy; seconded by Comm. Trinley. (It is the policy of the Town to find the best qualified individuals(s) to fill vacancies which would be considered promotional opportunities within the workforce. To that end, promotional opportunities may not be limited to internal candidates only and all such promotional opportunities must be opened to all candidates (internal and external) who may be qualified to fill the vacancy. • ROLL CALL: Vice Mayor Zwick - Yes Commissioner Trinley - Yes Commissioner Pagliaro - No Commissioner Sorrelli - Yes Mayor Newill - Yes Motion passes with a 4-1 vote. D) Part-time Employee in Town Clerk's Office Comm. Trinley — At our Workshop Meeting last week, even though we could not vote, we went around the Commission dais an asked if a part-time employee would be needed, rather than a volunteer, in the front office. Even though we could not vote, each Commissioner on the dais was in favor of hiring a part- time employee. We also asked the Town Clerk, and she was also in favor of it. I am just wondering where that stands today? Mayor Newill — You have listened to Commissioner Trinley. If there are no questions, would someone make a motion? MOTION: Comm.Sorrelli moved to hire a part-time Administrative Assistant in the Town Clerk's Office; seconded by Comm. Trinley. Town Commission Regular Minutes October 5, 2010 Page 8 of 12 ROLL CALL: Commissioner Sorrelli - Yes Commissioner Trinley - Yes Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. 8. REPORTS — TOWN COMMISSION Commissioner Ragliaro — No Report. Commissioner Sorrelli — No Report Commissioner T Wey — No Report Vice Mayor Zwick — Invited Cale Curtis, Deputy Finance Director to the podium. Mr. Curtis, would you explain exactly what an Accrual Accounting System is? Cale Curtis — Deputy Finance Director - The Commission asked the Vice Mayor to meet with me to go over all the September purchases. The Vice Mayor has asked me to explain the "Accrual Accounting System" that we use in Highland Beach. There are two main approaches to accounting — Cash Accounting and Accrual Based Accounting. Under Cash Accounting, transactions and expenses are recognized when cash is actually exchanged. In Accrual Based Accounting, those expenses and revenues are recognized in the period the liability occurred. What it means in relationship to the Vice Mayor's report, is an accurate picture of the purchases as of her report However, in the next 30 or 40 days, invoices that come in will be posted in September when the actual expense occurred. For example — services for landscaping in September. We may not receive an invoice until October 15t', but it gets reported in September when the service was actually provided This relates to the Vice Mayor's report as of now. My recommendation is to re -visit this in the next 30 days to again get the actual picture. Vice Mayor Zwick - I had the pleasure of sitting with Cale. He provided me copies of each purchase order. I thought my responsibility was to review each purchase order, not necessarily contractual obligations that do not have a purchase order to look for any unusual activities. I observed the following: Commission: Month of September, outlays very small — Special Magistrate and Palm Beach Newspaper. Town Mang — Small per diem; $500.00 for automobile. Town Clerk — Small VISA charge and Municipal Code Corp. — update of ordinances. Finance — ADP charge; plus charge for education. Legal — Monthly fee for Town Attorney and small professional fee for cases pending. Debt Service — Principle for Library and Water Plant loan. Public Works — Replacement trees and curbing due to water line replacement. Post Office — Nothing outstanding. General Government — FP&L and communications. Police Department — $6,400.00 Fee for architect for services and $1,728.00 training course for Police Officers on police legalities. Fire Department — Monthly debit for Delray Beach Fire Rescue. Protective Services — Contract for Sue Gray and copies of blue prints. Delray Beach - $3,000.00 • Town Commission Regular Minutes October 5, 2010 Page 9 of 12 is that they will accept whatever any resident's insurance pays for ambulance service from Highland •Beach. They will not bill any additional amount. Solid Waste — Monthly bill for collection services. Library — A number of items were charged to a VISA card and supplemented by a receipt. Reserves - Mathews Consulting in the amount of $1,982.00 was paid from the Contingency Account for services additional to their initial contract. General Fund — Deposit for Molly's Trolleys. Sewer Dept. - $2,385.00 FPL bill for electricity. Water Plant — Air/water system Invoice for $1,700.00 signed off by Jack Lee, Cale Curtis and Dale Sugerman; plus purchases of tires from the Tire Center and repairs at Maroone. Dep. Director Curtis — Just a note, all bills are signed by the Department Head, Deputy Finance Director and Town Manager before being paid. Vice Mayor Zwick — That completes the billing for the month of September. To really get the picture for the month, you need to review the invoices at the end of the month. Some of the invoices I reviewed were held over from August. The balance of the September invoices will be paid in October. If the Commission wanted to see more information, you need to sit sometime with Mr. Curtis and he will go over them with you. If you feel you would like to visit these purchases again, suggest we start reviewing them on a 2 or 3 month basis. I did make one suggestion to Mr. Curtis. Sometimes it is necessary for the maker of the purchase order to make some changes to a finished document. Any time that is done, the person making the change needs to initial it. My other suggestion, I noticed sometimes in one month there are two or three purchase orders for similar items. Instead of rushing to get a purchase order shipped out immediately, perhaps if they prepare monthly purchase orders in advance and have the items here in hand, rather than wait for emergency shipments. Thank you for your patience in listening to me. Mayor Newill — I believe a number of years ago I mastered the Accrual System. Do we have a master is control or log of purchase orders? Dep. Director Curtis — Under the Purchasing Policy, the Department Heads are allowed to make purchases and authorize purchase requisitions up to $500.00. A purchase requisition greater than $500.00 but less than $1,000.00 must be authorized by the Deputy Finance Director and the Town Manager. Once it gets over $1,000.00 it must be authorized by the Deputy Finance Director and the Town Manager, but it is now assigned a purchase order number, reported in the General Ledger and the funds are encumbered. We do not issue a purchase order number for anything less than $1,000.00. Mayor Newill — What I was interested in seeing, and you apparently do not have it in your system, is the number of purchase orders issued in the month of September. Basically looking for abuse in the quantity issued. It doesn't have to be a high number; it could be a medium number. Dep. Director Curtis — I do not keep on file individual purchase requisitions until the invoice is received. What happens is the Department Head orders and prepares a purchase requisition if it is under the $500.00 threshold and makes the purchase. Once that invoice comes in, I send the invoice to the Department Head; they attach the purchase requisition to the invoice, sign off on the invoice, and return it to me for my signature and payment. Once this procedure is followed, I forward the invoices to the Town Manager for his signature. Mayor Newill — How many copies are there of this purchase order? Dep. Director Curtis — Typically one when it reaches the $1,000.00 level. The master copy is held by the Department Head and I have a copy with my file. Mayor Newill — Do they send you a copy if it is over $1,000.00? Dep. Director Curtis — Once the Town Manager signs it, a copy is returned to me. Town Commission Regular Minutes October 5, 2010 Page 10 of 12 Mayor Newill - I was interested in the numbers that were issued in September to see if there were any abuses. I guess I was not clear enough. I would like to thank the Vice Mayor for all her work. To get the information that I was trying to obtain, I will have to wait for two or three months. Manager Su eg rman — I know where you are trying to go, and Cale and I are trying to get there. We believe in the concept of transparency and were appreciative of the time that the Vice Mayor spent with us. I believe she was here for three hours. Although we are not there yet, there are some communities that are sophisticated enough that they post to their website every single transaction conducted by that municipality in sequence. We are not there yet. We are still in the stage of pencils, paper, stapling and putting it in a file drawer. Cale and I have talked about making every single financial transaction an electronic transaction that can be ultimately posted on our website. It will be detailed and monotonous, but the information will be available. We are trying to get there and it will take a lot of work. That will probably get us to where you would like to be. I am not committing it will be completed in a year, but it is on our list. Mayor Newill — Want to be sure that there are multiple copies of all purchase orders over $1,000.00. Under $1,000.00 it does not apply. If I was a Department Head, I would write the purchase order, forward one copy to you, and retain two copies. When the invoice came in, you would send it to me; I would attach one of my copies of the purchase order to the invoice, and approve my section for payment. But you do have on hand at any given time, in your file, all the purchase orders over $1,000.00? This is what I am trying to address. Reply — Yes. Manager Sugerman — I would like to clarify that we do not use multiple part forms. There should not be multiple copies of purchase orders. Purchase orders that come in are signed by both Cale and I in bluy ink. That purchase order goes to Cale and he assigns a purchase order number. We really only have one copy. Mayor Newill — You are explaining a system different that I was talking about. I believe your system does not have any control. In your experience, do all municipalities do that? Manager Su eg rman — My experience is that most municipalities tend not to use a paper system like we do. We are heavy into paper and there is a lot less electronic control. I am not sure multiple copies of a purchase order floating around are very good. Mayor Newill — I do not know what you mean by floating around. Most multiple part forms are identifiable as to function. Mayor Newill — No Report. 9. REPORTS — TOWN ATTORNEY No Report. Town Commission Regular Minutes October 5, 2010 Page 11 of 12 0 10. REPORTS — TOWN MANAGER No Report 11. CONSENT AGENDA Mayor Newill asked if any item needed to be removed from the Consent Agenda. MOTION: Vice Mayor Zwick moved to approve the Consent Agenda as presented; seconded by Commissioner Pa lg iaro. Voice vote with all in favor. Consent Agenda Items: A) Appointment of David Stern to the Board of Adjustment and Appeals for a three-year term (10/10 — 09/13) B) Appointment of Max Angel to the Planning Board for a three-year term (10/10-09/13) C) Declaring Certain Property to be Surplus Property — Patrol Vehicles D) Minutes August 17, 2010 — Budget Workshop August 31, 2010 — Workshop Meeting September 7, 2010 — Regular Meeting 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Comm. Trinley — We talked briefly about the Special Magistrate regarding the Board of Adjustment and Appeals. Did we say we were going to put it on the agenda? Comm. Pa lg iaro — Can you review that again? Comm. Trinley — Instead of a seven member Board of Adjustment & Appeals, we discussed the possibility of going to a Special Magistrate as we have done with the Code Enforcement Board. Mayor Newill — Very willing to entertain it on a future agenda and to at least discuss it. Maybe by that time the Town Clerk's survey will be completed. The initial responses to the survey indicated only three out of seventeen municipalities were still using a Board of Adjustment. Manager Su eg rman — If the Commission would like, I will do what I did with the Code Enforcement Board which was to craft legislation that gave the Commission alternatives. If you wanted a Code Enforcement Board, it still is on the books. But the crafting of a Special Magistrate position was also added. It took me a couple of months to write that legislation. I would be willing to do the same thing for the Board of Adjustment. The duties and responsibilities of the Board of Adjustment are a little different than Code Enforcement. The qualifications of the Special Magistrate for the Board of Adjustment will also be different. If it is your pleasure, I will work with the Town Attorney to draft something, but asking for 60 days to bring it back. 0 Town Commission Regular Minutes October 5, 2010 Page 12 of 12 Mayor Newill — If I am correct, the legislation for Code Enforcement did not disband the idea of a Code Enforcement Board. We just stated that we now want to use a Special Magistrate and at any point in time we could go back using the Code Enforcement Board. Manager Sugerman — That is correct, and I would like to do the same thing with the Board of Adjustment. Mayor Newill — Is the Commission willing to have the Town Manager do this? Consensus — Yes. Arlin Voress — 4403 Intracoastal Drive I would like to add onto your last discussion. In Bel Lido, we really have problems with dockage. We also need people who are knowledgeable with our Code making decisions. I think having a Special Magistrate to listen to the variance requests is very important if we are going to maintain the kind of dockage we require. I would like to request that the Commission consider a Special Magistrate. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 3:05 PM upon a MOTION by Commissioner Sorrelli; seconded by Vice Mayor Zwick. APPROVED: vate • 0