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2009.02.03_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, February 3, 2009 1:30 P.M. Mayor Jim Newill, CPA called the Regular Meeting to order in Commission Chambers at 1:30 P.M. 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 moment of silence in honor of members of the military, both living and deceased. Civility Pledge: Town Clerk Brown recited the Civility Pledge for the Commission and public. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Town Mana eg r Su erman said under presentations there would be a second introduction 2. PUBLIC COMMENTS AND REQUESTS Joe Pennacchio - 4713 S Ocean Blvd. I live adjacent to the proposed Milani Park, and am concerned that FDOT has agreed to make a left turn lane directly in front of my home, which will make it impossible for me to get into or out of my driveway. Question -Was there a traffic study submitted with the application? Was any concern extended to the safety of me and my neighbors? Town Manacer Su erman -Staff is fully aware of Mr. Pennacchio's concerns, and is working on the issue. Dennis Sheridan - 3114 S. Ocean Blvd. Can the decision on the Milani Park application be postponed until the new County Commissioner is seated? Someone mentioned installing additional speed signage on AlA. Whatever happened to the flashing sign that the police department purchased? If the Town is looking for additional parking, why not just write a letter to Father Grace requesting the use of St. Lucy's parking lot. Is anything being done on the Azure property? Town Commission Minutes February 3, 2009 Page 2 of 8 Town Manager Sugerman -Had not been prepared to answer these questions. The police department does not own a large bill board sign, but some type of speed indicator sign. Max Angel -Villa Magna Very curious why Mary McCarty was so strongly in favor of Milani Park. Was this done for selfish reasons? Michael Ferrara - 4748 S. Ocean Blvd. Submitted two letters expressing his view of the Milani Park application, which have been attached as part of these minutes. Recommends that the Commission deny the application until they can submit a clean and completed application. In addition, if they put the property back on the market this would create additional funds that can be used towards deficits in their present budget. Plus where will the $4.2 million come to construct the project? Paul Resnick - 4740 S. Ocean Blvd. Personally use AlA to drive and bicycle. Has the Commission considered putting the orange standing signs along the crosswalks for the safety of pedestrians and residents? Commissioner Sorrelli - We already approached FDOT about this type of sign and have been rejected. Mr. Resnick -Why not try again? Rachael Scala-Pistone -Villa Magna I understand that the Building Official is no longer here. Was he asked to leave? Manager Su eg_rman -The Town has a contract with Independent Inspections Limited for building inspections and code enforcement. They have terminated one employee and brought in another. Joe Yucht -Boca Highlands Michael Ferrara's comments were very knowledgeable. Are they shared with the Town's attorney? Mana eg r Su erman - We take into consideration all comments, emails and mail. Listen to everyone and welcome the input. Irwin Schneitzer -Boca Highlands The Planning Board put on 23 conditions of approval for the Milani Park application. The same spotlight is not put on the conditions once the application is approved. Bad concept for this Board to consider conditions. Make sure the conditions are met before the application is approved. 3. PRESENTATIONS • Introductions: Valerie Oakes, Deputy Town Clerk Tom Forbes, Interim Building Official Town Commission Minutes February 3, 2009 Page 3 of 8 4. BOARDS AND COMMITTEES A) Board Correspondence Correspondence from Beaches & Shores Advisory Board requesting appointment of Linda Peterson and Beverly Knight as liaison to the Sea Turtle Program. Town Mana eg r Sugarman stated that appointing two individuals would create a violation of the Sunshine Law. After discussing this with Chairman Lucy Miller she asked that Linda Peterson is appointed the liaison. MOTION: Vice Mayor Zwick moved to appoint Linda Peterson as the liaison between the Beaches and Shores Advisory Board and the Sea Turtle Program; seconded by Commissioner Pa liaro. Motion passed by a unanimous voice vote. B) Board Action Report • Read into the record by Town Clerk Brown. C) Board Vacancies • Code Enforcement Board Two unexpired terms: One unexpired term ending 7/2011 and the other ending 5/2009 • Beaches & Shores Advisory Board One three-year term Clerk Brown advised that the vacancies were posted on all Town bulletin boards, Town's website and Channe197. D) Monthly Board Meetings -read into the record by Town Clerk Brown. • Beaches & Shores Advisory -Feb. 4`~ -Workshop- 9:30 A.M. • Beaches & Shores Advisory -Feb. 10th -Regular - 9:30 A.M • Planning Board -Feb. 11th -Regular - 9:30 A.M. • Boards Appreciation Luncheon -Feb. 11 `h -Noon • Board of Adjustment -Feb. 17th- Regular- 9:30 A.M. • Code Enforcement Board -Feb. 18th -Regular - 9:30 A.M. • Cultural Advisory -Feb. 26th -Regular - 9:30 A.M. 5 PROPOSED ORDINANCES AND RESOLUTIONS: • None Town Commission Minutes February 3, 2009 Page 4 of 8 6. NEW BUSINESS A) Authorizing the Mayor to Sign a Release in a Settlement with MetLife and the NY Attorney General's Office in a Case of Broker Compensation Paid on the Sale of Group Insurance in the Amount of $140.02. Town Mana er Sugerman -The Town has purchased group health insurance from MetLife. The New York State Attorney General brought an action against MetLife wherein they obtained a settlement in the amount of $16.5 million dollars for some wrong- doing by the company when they paid out compensation for group insurance sales. The Town of Highland Beach is entitled to a settlement disbursement in the amount of $140.02 from the $16.5 settlement pool. It is my recommendation that the Commission authorize the Mayor to sign the General Release and accept the $140.02. MOTION: Commissioner Sorrelli moved to authorize the Mayor to sign a General Release in a settlement with MetLife; seconded by Vice Mayor Zwick. Motion passed by a unanimous voice vote. B) Authorizing the Mayor to Sign Proposal No. 2 with Mathews Consulting, Inc. for Construction Management Services for the SR AlA Transmission Main Replacement Project Town Mana er Superman -The voter-approve SR AlA water transmission main replacement project is now 100% designed and the project is ready to go out to bid. Now that we are ready for construction, we will need to engage on-site inspection services for the 10 + months that the project will be underway. Mathews Consulting has provided us with a proposal to serve as the construction manager and inspector during the time that the project is actually being built for a fee of $187,199.00. We could go out for bid for these services; however, it makes the most sense to use the design engineer who actually has put the drawings together in order to ensure that the project that was designed is the project that gets built properly. As to the budget for this project, funds were not put into the current operating budget to award such a contract. Funds to pay for the construction management services have always been a planned part of the cost of the overall project. While the voters have approved the revenue stream for paying for this project, the money from ad valorem taxes to pay for this effort will not start to flow until the revenue from the tax bills goes out in November of 2009. The Town will need to do a short-term construction loan during the construction that will turn over to long term once the construction is finished. There is one further twist to all of this. We are holding out some hope that funds may actually flow to the Town of Highland Beach from President Obama's stimulus package. There have been no announcements yet, but we believe that this project does qualify for what they are calling "shovel ready" projects. It is my recommendation that the contract Town Commission Minutes February 3, 2009 Pa e 5 of 8 with Mathews Consulting, Inc. for the construction management services be awarded using an appropriation from the General Fund Reserve for Contingency line item of the budget. Once we know if Federal fiscal stimulus money will be available by using the Reserve for Contingency line item of the budget as the short-term source of funds, we can hold off until the last minute in making a construction loan from a commercial bank. MOTION: Commissioner Pa lg iaro moved to authorize the mayor to sign Proposal 2 with Mathews Consulting for Construction Management Services for the SR AlA water transmission main replacement project; seconded by Commissioner Sorrelli. ROLL CALL: Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 Vote. C) Approval of the Special Exception Application of Palm Beach County for the Cam D. Milani Park (Recessed until March 3, 2009) Town Mana er Su eg rman -This item continues to appear on the agenda as the special exception application is still pending. At the last Commission meeting, the public hearing was recessed until March 3, 2009. No action will be taken at this meeting. A report, from the Town's consultants, will be sent out prior to the March 3rd meeting. It may or may not be to recommend with conditions. 7. MISCELLANEOUS -ITEMS LEFT OVER A) Minutes -January 6, 2009 MOTION: Commissioner Sorrelli moved to approve the minutes of January 6, 2009; seconded by Commissioner Pa lg iaro• Motion passed by a unanimous voice vote. B) Discussion on Obstruction in the SR AlA Right of Way Mayor Newill - Did not receive any calls from residents about the obstructions. Did any other Commissioner? Interest very low. Vice Mayor Zwick - At the Mayor's coffee last week, residents were quite verbal about the obstructions. The contractors list was huge due to the fact that he included trees and shrubs. If we approached it from the idea of getting AlA cleaned up by eliminating the signs, concrete rounds, reflectors and the two cement mail boxes, the list would go down. We should issue a Resolution requesting that the Town Commission Minutes February 3, 2009 Page 6 of 8 residents remove these items on their own from the right-of-way. Are we interested in planting hedges throughout the Town? Who. will maintain them? At what cost? Town Mana er Su eg rman -The cost would be $66,000.00 for plantings on the west side only. We will be starting construction of a water main on the east side of the road shortly. Commissioner Sorrelli -Hard to believe that the majority of the people are not concerned with these obstructions. The pyramids should be removed. Against plantings hedges. Believe we need to address the reflectors and the pyramids. Commission Trinlev - I am of the opinion that we need to pass an ordinance not allowing pyramids, rounds and reflectors. Do not see any bushes that have been planted on the east side destroyed. MOTION: Commissioner Trinlev moved to adopt an ordinance that the following obstructions are not allowed: triangles, rounds, and reflectors; seconded by Commissioner Sorrelli. Town Attorney Sliney -Will prepare a draft ordinance. Town Mana er Sugerman -Commissioner Trinley is on the right path. Commission can add other items at a later date if necessary. Staff will have to enforce the ordinance. Recommend a 90 day notification period. ROLL CALL: Commissioner Trinley - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Mayor Newill - No Motion passed with a 4-1 vote. 8. REPORTS -TOWN COMMISSION Commissioner Pagliaro -Each of us received a letter from one of our residents regarding smoking in buildings. There are laws on the books (Florida Clean Air Act) that allows condo's to adopt regulations stopping residents from smoking in hallways and common areas. Commissioner Sorrelli - No Report. Commissioner Trinlev - No Report Vice Mayor Zwick - No Report. Mayor Newill - No Report 9. REPORTS -TOWN ATTORNEY Town Commission Minutes February 3, 2009 Pale 7 of 8 The Town Staff had an extensive conference call yesterday reviewing: correspondence received form the residents, information put on the record, and the resignation of Commissioner McCarty. We have held numerous public hearings and will recommend the best solution for the Town of Highland Beach. 10. REPORTS -TOWN MANAGER No Report. 11. CONSENT AGENDA • None 12) PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Michael Ferrara -Boca Highlands I recently had the need to come to the Town Clerk's Office in Town Hall'and found the two ladies in that department to be very pleasant, able to locate the voluminous amount of material I requested, and went out of their way to accommodate my many requests. These two ladies represent all of you and wanted to thank them and you for hiring them. Would also like to compliment the Town for hiring experts to provide testimony regarding Milani Park Lou Stern - 1115 Russell Drive Agree with Mr. Ferrara regarding the assistance received from the Town Clerk's staff. Question whether the Ordinance needs more definition on what nuisances and signs need to be removed. Max Angel -Villa Magna One thing that has always bothered me about the Town is the "For Sale" signs. How beautiful the Town would be without them. Joe Yucht -Boca Highlands See no reason for delay in the County's application. It is the County's not Mary McCarty's. Bushes in swales, rounds, reflectors -What are you trying to protect? If they protect the turf, isn't it worth something? If you want to protect the sod, put nails pointing up. Concerned at this stage, that a group of people are considering what has been said in the quasi judicial hearings and writing a recommendation. It is not fair, it stinks. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 3:00 P.M. upon a MOTION by Commissioner Sorrelli and seconded by Commissioner Pa liaro. Town Commission Minutes February 3, 2009 Page 8 of 8 APPROVE: ,~ Jim New 11, CPA, Mayor Miri S. Zwick, V Mayor ~:. Doris M. Trinley, Commission r J orrelli~o is~ix i J~J. Paeliad`o.;~ommiss~"bner ATTEST: Be erly M. Br wn, MMC Town Clerk ~~ Date