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2009.08.25_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, August 25, 2009 1.30 PM Mayor Jim Newill, CPA called the Workshop 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; 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 Ann Rov - 4301 Tranquility Drive Why is there so much chlorination in our water? Town Mana eg r Su eg rman -The water is chlorinated to a standard set by the Department of Health. Residents can install there own filters if they have a problem with the quality. Mrs. Rov -What is the prognosis with the lawsuit on the proposed Milani Park? Mayor Newill - It is our Policy not to comment on pending litigation. Town Attorney Sliney -Town is vigorously pursuing the Town's position. Phyllis Futernan -Villa Magna Are you talking about the traffic signal at Boca Highlands today? Mayor Newill - It is not on the agenda. Mrs. Futernan -Somehow this got pushed through. There is no need for it. Mayor Newill -The FDOT will be at the meeting next week. Town Commission Workshop Minutes August 25, 2009 Page 2 of 8 Ronny Svenstrup - 3310 S. Ocean Blvd. Also would like to express my opposition to the traffic light at Boca Highlands. It will only cause more accidents. Beverly Knight - 4023 S. Ocean Blvd. Personally have contacted some residents about speaking out against the light. A notice will be sent to all condos and home owners associations. 3. PRESENTATIONS None 4. BOARDS AND COMIVIITTEES A) Board Correspondence • None B) Board Action Report • None 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) • Interview -Carol Sterm - 1115 Russell Drive Mrs. Stern stated she was interested in the arts, willing to volunteer time to assist the Cultural Board with the programs in Highland Beach. Appointment of Carol Stern to the Cultural Board for athree-year term to be included on the September 1, 2009 Consent Agenda. • Planning Board -Full Term (8/12) • Interviews(s) Ilyne Mendolson - 3740 S. Ocean Blvd. Have been a real estate lawyer for thirty years in New York and Illinois, and recently was admitted to the Florida Bar. Very familiar with planning oards. My last project was overseeing conditions on a project that took twenty years to get through planning. Have lived in Florida for four years but have not practiced law during that time. Frank Colarullo - 3420 S. Ocean Blvd. Have been a resident of Highland Beach for twenty two years. Previously served on the Planning Board and feel with my background I would be an asset. Town Commission Workshop Minutes August 25 2009 Page 3 of 8 Beverl~Knight - 4023 S. Ocean Blvd. Passionate about everything that I do. My credentials and background would be beneficial to my appointment to this Board. Have owned my own design and real estate business for twenty years. Give attention to detail. Currently sit on the Beaches and Shores Advisory Board and understand that I would have to resign. Mayor Newill -With three candidates for one position, if everyone agrees, we will use the same voting procedure that we recently have used. The Clerk will provide ballots at next month's meeting. Unanimous agreement by the Commission. D) Monthly Board Meetings • Beaches & Shores Advisory Board -Sept. 8th -Regular - 9:30 AM • Planning Board -Sept. 9th -Regular - 9:30 AM • Bd. of Adjustment -Sept. 15th -Regular - 9:30 AM • Cultural Advisory -Sept. 24th- Regular - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) Supporting the Petition of the Florida Stormwater Association to Amend the Florida Water Quality Standards by Revising Existing Water Body Classifications RESOLUTION N0.09-009 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING THE PETITION FOR RULE-MAKING TO AMEND FLORIDA WATER QUALITY STANDARDS BY REVISING EXISTING WATER BODY CLASSIFICATIONS TO PROVIDE NEW AND MORE APPROPRIATE BENEFICIAL USES AND USE EXPECTATIONS, FILED BY THE FLORIDA STORMWATER ASSOCIATION, INC., WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Town Mana er Su e~ rman -Although the Town is not a member of the Florida Stormwater Association (FSA), Ihave along-standing relationship with this organization which does what it can to protect the best interests of municipalities on the topic of stormwater control. The Town is regulated through a State of Florida Department of Environmental Protection permit known as the National Pollutant Discharge Elimination System (NPDES). We have to maintain our stormwater system, monitor our discharges, and provide the State of Florida with both quarterly and annual reports. This includes an annual inspection of our system and the associated reporting of any problem discharges that may come through our stormwater system. The FSA has submitted a petition to the DEP asking that they broaden the water body classifications dealing with stormwater. At present, there are only 5 categories of receiving waters, a system of categories that was set up in 1968. Those 5 categories have been determined to be too narrow in focus and scope, so the FSA has petitioned the DEP to increase the number of categories. If this petition is accepted and the water body classifications are broadened, most municipalities may be able to reduce the amount and types of monitoring that they currently have to undertake. This is not a guarantee that our Town Commission Workshop Minutes Au¢ust 25 2009 Page 4 of 8 monitoring requirements will be reduced, but it will put us on a good path if the proposed rules are actually adopted by the DEP. The Resolution is being introduced at the Commission Workshop meeting for purposes of discussion. If it is acceptable to the Commission, we can carry it over to the Consent Agenda for the meeting of September 1st Move to September 1St, 2009 Consent Agenda. 6. NEW BUSINESS A) Authorizing the Renewal of the Town's Property and Liability Insurance Town Mana eg r Su eg rman - For a number of years we have worked with the Public Risk Insurance Agency (PRIA) for obtaining our property, liability, automobile and Workers' Compensation insurance coverage. We have worked with them again on the renewal of the current program and they were successful in securing a reduction of $26,244.00 (6%) year- over-year on our annualized premiums. The deal that has been worked out is for a two year period with the premiums remaining the same in the second year, with just one caveat. In the second year of the renewal, if PGIT is able to secure an excess insurance premium reduction of more than 10%, they will pass those savings on to us. On the other hand, if that excess insurance increases by more than 20%, the Town will have the right to terminate the coverage prior to the second anniversary date. Mayor Newill - If the insurance renewal is October 1St, do we have time to include the alternative coverage? Why did we not get any additional competitive quotes? Town Manager Sugerman- PGIT is a broker and an insurance trust. They shop around for us and put the best package together for our circumstances. Mayor Newill -Would like something in writing to substantiate this as I am uneasy with one quote. Exactly what is their backing. If you have several large claims, do they have the money behind them? Manager Superman - The Commission is aware of all the liability lawsuits against the Town. Our deductible on all of these lawsuits has been $5,000.00 per incident. They have been Johnny on the spot with their service to us. Town Attorney Sliney - I would agree with the Town Manager. We have nothing to complain about with their service. I also agree with the Town Manager from a service stand point, they are very helpful and do a really good job. It was my suggestion that we try to pick up some alternative coverage. Deputy Finance Director Curtis -The Town uses an RFP to get an insurance provider. Preferred Insurance looks for the providers for us. Town Mana e~ eg rman -Will provide additional information at the next meeting. B) Approving the Purchase of Video Equipment for the Commission Chambers Town Mana er Su e~ -Now that the Town is providing both a live feed as well as playback capabilities on the Internet for our Commission meetings, our current broadcasting equipment is not providing a very clear picture, nor are the cameras providing the best of functionality. We have obtained three quotes from independent vendors to provide us with modern equipment in order to make the best possible public presentation. Of the three quotes obtained, the apparent best system found by staff can be provided by Zebedee Systems. This purchase was not planned for in the FY2008-2009 budget, so funds would have to be taken Town Commission Workshop Minutes August 25 2009 Page 5 of 8 from the Reserve for Contingency line item 001-590.000-5090-599.000. As of July 31, 2009 that account had $282,189.53 remaining in it. Move to September ls`, 2009 Consent Agenda. C) Clarifying the Rules of the Commission - Making a Motion Town Mana er Su eg rman -Mayor Newill and I have talked about having a full discussion with the Commission about the current practice of making motions during a Commission meeting. Typically, the maker of a motion makes a statement and then describes the statement, and then defends the statement. Someone then says, "I second that motion." What we end up having is "discussion" built into the original motion. This makes it a bit unclear as to what the exact motion is and it also makes it difficult for purposes of keeping the minutes of the meeting. The Mayor and I would like to suggest to the Commission that it consider establishing a rule about making a motion, where in the motion would be limited to just one complete sentence. That motion would only be considered further if it receives a second. Once it receives a second, then as much discussion as is necessary or desired can take place. The goal of this exercise is to set up a procedure where all Commission motions are limited to one clear and succinct sentence. Mayor Newill - I believe that the motion should be just as long as it needs to be. The way we make motions is part of Highland Beach. Hate to see something interfere with it. Vice Mayor Zwick -The maker of the motion needs to explain the reasoning behind the motion. If need be, the Town Attorney can step in and simplify the motion for the Commission. Town Attorne SY linen -The confusion arises when someone states that they are going to make a motion that is not clear and it is seconded before everyone understands what the motion is. Then without clarification, the discussion begins. The point is, be sure the motion is clear before someone seconds it. Commissioner Pa lg iaro - We all have been guilty of speaking our views on a subject without a motion being on the floor. Think it would be a good idea for all of us to work on this. Commissioner Trinley - It behooves us to be brief with the actual motion and be sure it is seconded prior to beginning the discussion. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Minutes July 28, 2009 -Workshop Meeting August 4, 2009 - Regular Meeting Minutes to be included on the September 1st Consent Agenda. Town Commission Workshop Minutes Au¢ust 25 2009 Page 6 of 8 8. REPORTS -TOWN COMIVIISSION Commissioner John Pag_liaro - No Report. Commissioner John Sorrelli - No Report. Commissioner Trinlev - No Report. Vice Manor Zwick -All the members of the Town Commission recently attended the Florida League of Cities Conference in Orlando. You get to network with other Commissioners in communities of various sizes. I attended a session that was identified as "Village Square" in which a group was mentioned as the Purple Democracy. Some of it I did not follow and some of it I did not like. Would appreciate knowing if anyone has heard of this following? This is how Scientology was started. Manor Newill - No Report. 9. REPORTS -TOWN ATTORNEY A) Retainer Agreement for Legal Services I have submitted two versions of a revised retainer agreement for the Commission's review. The present agreement has been in place since 1999. One version provides payment on a straight hourly basis, the other provides for a monthly retainer with litigation paid on an hourly basis. In addition, it provides fora 30 day cancellation clause and cleans up the language. Would like to meet with Mayor to iron out the agreement. Mayor Newill -Willing to meet with the Town Attorney, but would like know if the Commission wants me to and could they provide me with some direction towards the conditions they suggest be included in the agreement. Commission Trinlev -The Mayor is a man of numbers, so agree that he should handle the negotiations. Commission Sorrelli - Also agree that the Mayor should handle this. Commissioner Pagliaro -Agree that the Mayor should handle this. Vice Mayor Zwick -This is a very simple agreement. Abase fee plus additional fees for individual services. Trust the Mayors' judgment. Mayor Newill - I reviewed the legal bills for the past twelve months. Some months it was a benefit to the Town using a base retainer fee and others it was not. The differential was very slight. Consensus of the Commission to have Mayor and Town Attorney meet to discuss retainer agreement. 10. REPORTS -TOWN MANAGER Ever since I became Town Manager I have received numerous and continuous complaints about smoke and smokers in and around the buildings of the Town Hall campus. Smoking is Town Commission Workshop Minutes August 25, 2009 Pale 7 of 8 not allowed inside any of the buildings. However, there are no prohibitions against smokers going outside congregating in or near the front doors of buildings so that they can smoke. Commissioners have probably noticed many ash trays outside the doors to Town Hall, and in particular in the breezeway just outside the Post Office. Most of the complaints are about employees who do smoke by employees who do not. Folks who do smoke like to gather in places where they can smoke together as part of a "social" thing. The Administrative Department staff has been wrestling with the issue for some time. We do not want to infringe on the rights of smokers to enjoy their cigarettes while they are outdoors; but there is still a problem with ash trays and clouds of smoke fouling the air both inside and outside the buildings. We even took a survey of our employees, giving them four options for how to deal with this situation. The survey questions and the results were: #1) Do not make any change to the policy - 17 votes; #2) Create designated areas only - 9 votes; #3 -Establish regulations for town employees only - 3 votes; #4) -Ban smoking altogether - 5 votes. As one can see, the voting didn't help clarify the matter much. I am inclined to develop a rule to make the Town Hall campus a no-smoking zone for a variety of reasons, including the health, safety and productivity of our employees, as well as the issue of common courtesy for those folks who do not smoke. I am bringing this issue to your attention for your input and your advice. Commissioner Pa lg iaro - As a reformed smoker, I value the rights to all people. Need to designate an area for smokers. Mana er Su eg rman -Personnel Policies do not authorize smoking on the job. Is it your opinion to designate a specific area for smokers? R Plv - Yes. Commissioner Trinley -Most of the smokers know that they need to stop for health purposes. Give everyone 90 days to stop smoking. Mana eg r Su eg_rman - I am not asking them to stop. The proposed rule is that you cannot smoke on Town Hall grounds. Mayor Newill - If you impose this rule for no smoking on Town Hall grounds, what about the sidewalk in front of Town Hall campus? Mana eg r Su eg rman -That is not part of the grounds. Mayor Newill -What does the Personnel Policy say about town vehicles? Manager Su eg rman - Do not know. Vice Mayor Zwick -Are we also talking about non-employees and visitors? They will be harder to stop than employees. Manager Su erman - If we make this a smoke free campus, it will be smoke free for everyone. Our smoking problems are created by the employees. Commissioner Sorrelli -Let's leave it alone for sixty days. I have not heard of any employees complaining. Believe we are going up the wrong path. Mayor Newill -Let's leave it alone for sixty days and have the Town Manager bring it back again. 11. CONSENT AGENDA None Town Commission Workshop Minutes August 25, 2009 Page 8 of 8 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Ann Roy - 4301 Tranquility Drive When the court case is heard on Milani Park can the residents attend? Town Manager Superman - A court date has not been set. 13. AD,TOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Workshop Meeting at 2:57 PM upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Pa liaro. APPROVE: ~~~ /~/ Jim Newill, CPA, Mayor ~~° Miri S. Zwi ayor B`ti`=- ~ ~ Doris M. Trinley, Commissioner B verly M. own, MMC ~~ - ~ ~ Date