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2009.08.04_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, August 4, 2009 1.30 PM Mayor Jim Newill, CPA called the Workshop Meeting to order in the 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 Agenda accepted as submitted. 2. PUBLIC COMMENTS AND REQUESTS Joe Yucht -Boca Highlands This speech is meant to be respectful and civil, and offer a factual response to a discussion held last week. Some of the comments that I want to respond to include: 1) rumors, mis- statements; 2) we need to start a dialog; 3) what kind of light will be installed: 4) the Boca Hi light will cause a series of traffic lights to be installed on AlA; 5) the Boca Hi Center Board is undemocratic; 6) a street sign will be sufficient to control traffic. The true facts do not support these assertions. Now is not the time to wait to have a dialog. A dialog with the Boca Hi Center Board and FDOT should have been held previously. You do not wait until it is almost a done deal with a lot of money already spent. It is too little too late. Those supporting the light have followed the law. You have two apparently disgruntled residents making all the fuss and problems. They cite an email from Mr. Overton stating that a traffic light at Boca Highlands is not warranted. It was not warranted for the state to pay for it. If Boca Highlands wants to pay for it, the state will approve it. If the Commissioners wanted Town Commission Regular Minutes August 4, 2009 Page 2 of 8 information, all they had to do was ask. The day after last week's meeting, there was a 3 car accident at this crosswalk. The assertion about this light causing a series of traffic lights on AlA is also a fabrication. Boca Highlands is getting a traffic light mostly because of the topography of the land. A point about 25 to 50 feet south of the crosswalk is the highest point in Highland Beach. It is impossible to see the crosswalk while driving either north or south on AlA due to the topography. Instead of spending time on a matter that appears to be a completed matter, why don't you address the matters about the bicycles on AlA and the use of a cell phone while driving? These matters are more of a problem than a traffic light. Michael Goodman -Boca Highlands I contacted John Overton, Assistant Engineer with FDOT, and asked him if the light was necessary. His reply was marginally. Boca Highlands' Beach Club is on the water, and it generates a lot of traffic at the crosswalk. The traffic survey was taken during the high season, but Mr. Overton still did not think the traffic conditions warranted a light. The light was requested by then Mayor Hagelmann in July of 2007, insinuating the request was coming from the town. There are crosswalk signs being tested in Delray. Why were these signs not considered in Highland Beach? Urge you to stop insanity. David Spodack -Highland Beach I teach film making at Columbia University. This Friday afternoon at the Highland Beach Library, there will be a premiere screening of a motion picture that I put together of the area and I will be using it as an instruction tool with my classes in the fall. This is my thank you to the library for the many hours I spent there investigating my subject. Jason Finkle -Past President -Boca Highlands Item #7 of the agenda is to authorize the Mayor to send a letter to FDOT in regards to the Boca Highlands traffic light. Our president cannot be here today, but has written an in-depth letter to the Commission giving the history of the light and the amount of money already spent. Requesting that you not act on item #7 until you read and digest his letter. Paul Resnick -Boca Highlands There have been no accidents at any of the crosswalks in Highland Beach with the exception of Boca Highlands. Boca Highlands convinced former County Commissioner Mary McCarty to approve a light at this crosswalk. People push the button and immediately cross the street without looking to be sure traffic has stopped. I have lived there for 6 years and find no need for a light. Who decides if Highland Beach will get their first traffic light -the Town Commission or Board of Governors at Boca Highlands? Mayor Newill -There will be no organization in this Town that will put a time limit on something that the Commission has to do. 3. PRESENTATIONS • Introduction of Cassandre "Cassie" Montell, Administrative Assistant in the Police Department Town Commission Regular Minutes August 4, 2009 Page 3 of 8 Town Mana eg r Su erman -Introduced Cassie Montell as the recently hired administrative assistant in the Police Department. Cassie previously worked as an Emergency 911 operator for the Palm Beach County Sheriff's Office and as the dispatcher/office administrator for the Town of Edgeworth, Pennsylvania Police Department. She is also known to be a die hard Pittsburgh Steelers fan. Mayor Newill and the Commissioners welcomed Cassie to the Town. 4. BOARDS AND COMMITTEES A) Board Correspondence • None B) Board Action Report • Read into the record by the Town Clerk C) Board Vacancies • Cultural Advisory Board -One Full Term (7/12) • Cultural Advisory Board -One Unexpired Term (5/11) • Cultural Advisory Board -One Unexpired Term (11/11) • Planning Board -One Full Term 9/09 - 8/12) The Town Clerk noted that some applications have been received, and the applicants will be invited to the August workshop. D) Monthly Board Meetings • Beaches & Shores Advisory Board -Aug. 11th -Regular - 9:30 AM • Planning Board -Aug. 12th -Regular - 9:30 AM • Bd. of Adjustment -Aug. 18th -Regular - 9:30 AM • Cultural Advisory -Aug. 27th- Regular - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS None 6. NEW BUSINESS A) Awarding a Contract in the Amount of $3,182,494.00 to Asphalt Consultants of Boca Raton, Florida for the Construction of the SR AlA Water Transmission Main Project Town Mana eg r Su eg_rman -Based upon the recommendation from the Town's consulting engineer and the review of the two low bids, it is my recommendation that the Town Commission award this contract to Asphalt Consultants of Boca Raton in an amount not to exceed $3,182,494.00. Funds are available in the Capital Projects Fund account no. 301- 000.000-3800-384.400 to award this contract. Town Attorney Sliney - There is significant case law to justify following the recommendation of Mathews Consulting, Inc. Town Commission Regular Minutes August 4, 2009 Page 4 of 8 MOTION: Commissioner Sorrelli moved to award a contract in an amount not to exceed $3,182,494.00 to Asphalt Consultants of Boca Raton for the construction of the SR AlA Water Transmission Main Project; seconded by Commissioner Trinlev. DISCUSSION: Vice Mayor Zwick -What will influence my vote, is some words of wisdom that were shared with me by a Supreme Court Judge prior to my entering college. He stated that "testing is an important part of your education." If the questions says always or never, the answer is always - NO. This talk has influenced me through my life. The low bidder did not answer the questions. Commissioner Pa lg iaro -The reasons why I am in support of the motion are as follows: 1) The Commission hired a consultant to represent our interests. The Commissions' consultant made it clear to all prospective bidders what the expectations were. 2) The Town Attorney has advised us of case law on bids. 3) The low bidder gave a presentation submitting additional information that was required with his initial proposal. 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. B) Selecting anIndividual/Firm to Serve as the Town's Special Magistrate for Code Enforcement Matters and Authorizing the Mayor to Sign a Professional Services Contract or Engagement Letter for the Same Town Mana e~ eg rman- Each individual Commissioner has had the opportunity to interview the four candidates. During the July 28~' workshop meeting, it was the consensus of the Commission to make their selection by ballot. The four firms to be voted upon are: Carolyn S. Ansay of Doran, Wolfe, Ansay & Kundid; Gary M. Brandenburg of Brandenburg & Associates, P.A.; Andrew DeGraffenreidt of Powers, McNails, Torres & Teebagy; and William P. Doney of Vance, Doney & MacGibbon, P.A.. Town Clerk Brown distributed ballots. Once the ballots were counted, she announced that it was a unanimous vote to select Carolyn S. Ansay of Doran, Wolfe, Ansay & Kundid. MOTION: Commissioner Trinlev moved to authorize the Mayor to sign either a professional services contract or an engagement letter with Carolyn S. Ansay of Doran, Wolfe, Ansay & Kundid; seconded by Commissioner Pa lg iaro. Town Commission Regular Minutes August 4, 2009 Pale 5 of 8 ROLL CALL: Commissioner Trinley - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. C) Setting date of Final Budget Meeting as September 23, 2009 at 5:01 P.M. MOTION: Vice Mayor Zwick moved to reschedule the date of the Final Budget Meeting to September 23, 2009 at 5:01 PM; seconded by Commissioner Pagliaro. A voice vote was taken with all in favor. D) Approving the Offering of a Voluntary Early Retirement Program Town Mana er Su eg_rman -Last year, as part of the annual budget process, the Town offered certain categories of employees an option to participate in a voluntary early retirement program. As we have gone about the budget process for fiscal year 2009-2010, it appears that it would be advisable to offer another round of Voluntary Early Retirement Program. The following criteria have been used in structuring this year's proposed voluntary early retirement program: 1) The program is voluntary, and is available to both full-time and part- time employees; 2) Employees must have completed 10 years of service with the Town by December 31, 2009; 3) Employees must be 55 years of age by September 25, 2009; 4) Employees must select this one-time benefit, in writing, by September 11, 2009; 5) Acceptance of the selection shall be at the discretion of the appointing authority; 6) The last date of employment will be September 25, 2009. The voluntary retirement package would include: 1) 100% cash out of vacation leave accruals (to the maximum allowed); 2) 100% cash out of sick leave accruals (to the maximum allowed); 3) The equivalent of a lump sum payment equal to the employee's base salary from September 26, 2009 to December 31, 2009; 4) All cash out amounts would be paid on the first full payroll distributed after October 1, 2009. There are a total of 10 employees who would be eligible to take advantage of this program. The cash cost for payout of salary, vacation and sick leave accumulations would amount to $307,480.95. It is my recommendation that the Town Commission authorize the offering of a Voluntary Early Retirement Program during the current budget year. MOTION: Commissioner Pa liaxo moved to approve the offering of a Voluntary Early Retirement Program; seconded by Vice Mayor Zwick. Town Commission Regular Minutes August 4, 2009 Pale 6 of 8 ROLL CALL: Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Commissioner Trinley - Yes Commissioner Sorrelli - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Authorizing the Mayor to Send a Letter on Behalf of the Town Commission to the Florida Department of Transportation Regarding a Proposed Pedestrian Activated Traffic Control Device at the Boca Highlands Crosswalk. Town Mana eg r Su eg rman - At the July 28~' Commission Workshop, a discussion took place regarding the proposed pedestrian activated traffic control device at the Boca Highlands' crosswalk. The discussion led us to placing on this Commission meeting agenda the topic of authorizing the Mayor to send a letter on behalf of the Town Commission to the Florida Department of Transportation regarding the proposed pedestrian activated traffic control device at the Boca Highlands' crosswalk. Commissioner Trinlev -When Mayor Hagelmann approached FDOT was the Commission aware of it? R my - No. Comm. Trinlev - I would like to see a component stating that the Town Commission had no knowledge of Mayor Hagelmann approaching FDOT. MOTION: Vice Mayor Zwick moved to authorize the Mayor to send a letter on behalf of the Town Commission to the Florida Department of Transportation regarding a proposed pedestrian activated traffic control device at the Boca Highlands crosswalk. The letter shall include the following points: 1) Since the Town Commission is responsible for overseeing the Town's Comprehensive Plan, and since there is a Traffic Element within the Plan, the Commission would like the opportunity to comment as to the advisability of installing the proposed traffic control device before the Department issues such a permit; 2) Since the FDOT is looking at placing in-street signs on the double yellow lines at the pedestrian crosswalks along SR AlA in Delray Beach that read "Stop for Pedestrians in Crosswalk," would the Department be receptive to doing the same thing in Highland Beach before proceeding with the issuance of a permit for the installation of the proposed pedestrian activated traffic light?; 3) The Town Commission opposes the immediate installation of the proposed activated traffic light since it would be the only such traffic control device anywhere in South Palm Beach County, and in particular in the Town of Highland Beach. 4) The sitting Mayor at that time, Mayor Hagelmann, had no authority to approach FDOT on behalf of the Town. He did so as a private citizen of the town. 5) The Mayor is also authorized to use stronger verbiage if necessary. Commissioner Pa lg iaro seconded the motion. Town Commission Regular Minutes August 4, 2009 Paae 7 of 8 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. 8. REPORTS -TOWN COMMISSION Commissioner John Pa l~iaro - No Report. Commissioner John Sorrelli -Has staff done anything about raising the building permit fees? Town Manager Su eg rman -Have done a survey of nine other communities in Palm Beach County. We are now directing our efforts directly to beach communities. Once all the data is received, will submit a report to the Commission. The report will be submitted prior to the last budget meeting. Commissioner Trinley - No Report. Vice Mayor Zwick - No Report. Mayor Newill - No Report. 9. REPORTS -TOWN ATTORNEY • No Report. 10. REPORTS -TOWN MANAGER • No Report. 11. CONSENT AGENDA A) Reappointment Board of Adjustment and Appeals for athree-year term (9/09 - 8/12) Anthony Ruotolo, 3400 S. Ocean Blvd. B) Appointment of Mayor Newill as the Town's Voting Delegate to the Florida League of Cities Annual Meeting C) Minutes June 30, 2009 -Workshop Meeting July 7, 2009 -Regular Meeting July 14, 2009 -Special Meeting Town Commission Regular Minutes August 4, 2009 Pale 8 of 8 MOTION: Commissioner Trinlev moved to adopt the Consent Agenda; seconded by Commissioner Sorrelli. A voice vote was taken with all in favor. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht -Boca Highlands If you had done your homework, you would have found out that there was a traffic light in front of the firehouse at one time. Commissioner Trinlev -Where did you get your information? Mr. Yucht - I hear it. Comm. Trinlev -Well you heard wrong. Commissioner Pa lg iaro -From day one, why did Boca Highlands not come to the Town Commission and discuss the possibility of a traffic light? Mr. Yucht -Because in our opinion we did not think the Town had any authority over the installation of a light. Boca Highlands is quite upset, as we have spent a great deal of money. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 2:45 PM upon a MOTION by Commissi er Sorrelli; seconded by Commissioner Pa liaro. _ I ~- APPROVE: ~~t! Jim l~dewill, CPA, Mayor Beverly M. own, Town Clerk at Miri S. Zwick~ic ayor ~ ~ Doris M. Trinley, Commissioner