2009.09.29_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, September 29, 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 Roy - 4301 Tranquility Dr.
Since the time allotted to me at the last meeting did not afford me the ability to finish my
statement, for the record I would like to finish now. Is the FDOT aware of the fallacy of a
statement made by a resident that the light was needed due to a 17' high rise in the road
causing a blind spot and making it dangerous? Anyone can ride by the building and see that
there is no such blind spot. It certainly is not a blind spot nor does it obstruct any view as
inferred. Both views are very clear and totally unobstructed.
I would also like to announce that starting October 1St and every Thursday from 6 - S PM at
our library, I will be facilitating a singles discussion group for Highland Beach residents and
their guests. I am a M.P.C. and specialize in grief bereavement.
Town Commission Workshop Minutes
September 29, 2009 Page 2 of 7
Joe Yucht -Boca Highlands
What is the status of the Milani Property? Do I get an answer?
Mayor Newill - If you want an answer to a specific question, please submit it in writing eight
days prior to the meeting.
3. PRESENTATIONS
• Introduction of Michael Desorcy, B.C.A., S.I., P.X. as the Town's New Contract
Building Official
Town Mana eg r Su eg rman -Independent Inspections, Ltd. has brought Michael Desorcv to
Highland Beach to serve as the Town's contract Building Official. Mr. Desorcy is registered
by the State of Florida Dept. of Professional Regulation as a licensed Building Code
Administrator, Standard Inspector and Plans examiner, and has over 12 years of related
inspection and plans review experience. He has provided municipal plans review and
inspection services for communities including the Village of Wellington, The City of
Pahokee, and the Town of Lake Park. He has also investigated and documented code
violations and prepared cases to be presented to enforcement boards and special masters.
Commissioner Sorrelli -Your resume lists retail experience. What was your job?
M. Desorcv -Inspected structures and buildings for both the public and private contractors.
Commissioner Pa lg iaro -Impressed with his credentials.
Commissioner Trinley -Where was your municipal experience? M. Desorcv - I was the
Deputy Inspector in Lake Park from 1997-2000; Inspector in Wellington for 3 and % years,
and the Building Official in Pahokee for a year.
4. BOARDS AND COMMITTEES
A) Board Correspondence
• Emily Firtell, Chairman, Cultural Advisory Board
Presented the proposed calendar of events for the 2009/2010 season: Light Up the
Holidays -December 6~'; Art Teacher Reception -Jan. 2010 TBD; Sweetheart
Concert -Feb. 9, 2010; Local Art Show -Month of March. 2010; Art Reception -
TBD; Dancing Under the Stars -March 14t"; Fundraiser -TBD.
Commissioner Trinley - Are the instructors paid for their time? Do they contribute
anything to the Town? Chairman Firtell -They either donate money or contribute a
gift to the Cultural Board.
Chairman Firtell -Are the Cultural Board classes open to county residents or just Town
residents? Town Mana e~ eg rman - We will have to check the enabling legislation.
Town Commission Workshop Minutes
September 29, 2009 Page 3 of 7
Do not know if it actually addresses it. Mayor Newill - My belief is that it should be
Highland Beach residents only. Commissioner Pa liaro -The Mah-Jong classes at
the library are opened to Town residents only. Chairman Firtell - My thought was
Highland Beach residents and guests. Commissioner Trinlev -Have you had requests
from county residents? Chairman Firtell - We have had interest from county residents.
B) Board Action Report
• None
C) Board Vacancies
• Beaches & Shores Advisory Board -One Unexpired Term (7/10)
• Beaches & Shores Advisory Board -Three Full Terms beginning in Dec. 2009
• Cultural Advisory Board -One Unexpired Term (5/11)
• Cultural Advisory Board -One Unexpired Term (11/11)
D) Monthly Board Meetings
• Planning Board -Oct. 7th -Regular - 9:30 AM
• Beaches & Shores Advisory Board -Oct. 13th -Regular - 9:30 AM
• Complete Count Committee -Oct. 14~' - 10 AM
• Bd. of Adjustment -Oct. 20th -Regular - 9:30 AM
• Cultural Advisory -Oct. 22nd- Regular - 9:30 AM
• Board Orientation -Oct. 22°d - 1:30 P.M.
5. PROPOSED ORDINANCES AND RESOLUTIONS
A) Renewing a Franchise Agreement with Florida Public Utilities Company
Ordinance No. 09-004 O
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, RELATING TO THE RENEWAL OF A GAS FRANCHISE
WITHIN THE TOWN OF HIGHLAND BEACH: GRANTING TO FLORIDA PUBLIC
UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS A GAS FRANCHISE;
IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO;
PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Ordinance No. 09-004 O was read into the record by the Town Clerk.
Town Mana er Su eg rman -Ordinance No. 143, adopted November 17, 1967 granted a non-
exclusive 30 year franchise to the Florida Public Utilities Company (FPUC) for the provision
of natural gas services here in Highland Beach. That franchise agreement expired on
November 16, 1997 and it has not been renewed since. Despite not having a formal franchise
in place FPUC has continued to pay to the Town an annual franchise fee equal to 5% of their
gross sales. During a recent audit by FPUC, they discovered that their franchise agreement
had run out and they have approached the Town asking for a renewal agreement. The
franchise renewal agreement is written for an additional thirty years, with the only major
modification being the franchise fee. We have been able to negotiate the fee up from 5% to
Town Commission Workshop Minutes
September 29, 2009 Paae 4 of 7
6.5% for the life of the agreement. This will not necessarily result in significant revenues in
the future, maybe $2,000.00 annually, however, if natural gas sales increase any time during
the 30 year period, we could see an increase in the franchise fee revenues based upon a 6.5%
franchise fee. This franchise is anon-exclusive franchise agreement. FPUC will not have a
right to be the sole provider of natural gas here in the Town of Highland Beach. However, if
any other company wants to install infrastructure to provide natural gas from their source,
they would have to ask the Town Commission to grant them a franchise agreement and
would have to go to the expense of installing all new infrastructure to deliver their product to
their customers. Since it is the granting of a franchise, it must be done by ordinance. The
ordinance requires two readings, with the second reading being conducted as a public
hearing.
Manor Newill requested comments or questions from the Commission.
Commissioner Trinley inquired if the Town Attorney had reviewed the Ordinance? Town
Attorney Sliney - I have. My understanding of the franchise agreement is to allow them the
ability to use the right-of--way to service the community. Whatever construction they do has
to be in compliance with the Town of Highland Beach's Code of Ordinances.
6. NEW BUSINESS
A) Entering into a "Most Favored Nations" Agreement with Florida Public Utilities
Company
Town Mana er Su eg rman - The agenda item which appears on the Commission agenda
immediately before this one is a matter which, if approved, will grant to the Florida Public
Utilities Company (FPUC) a 30-year non-exclusive franchise renewal for the provision of
natural gas services here in Highland Beach. In my conversations with the Director of
Corporate Services for FPUC, he has also offered to the Town another agreement known as a
"Most Favored Nations" agreement. This agreement basically says that if any other
jurisdiction in the State of Florida negotiates a franchise fee that is greater than our 6.5%, that
the Town of Highland Beach will automatically have its fee bumped up to match that higher
rate enjoyed by any other jurisdiction. Since the granting of a franchise must be done by
ordinance which will take two readings, with the second reading being conducted as a public
hearing, it would be my recommendation that the "Most Favored Nations" agreement should
not be given final consideration until the completion of the second reading of the franchise
agreement. With the Commission's approval, will place on the consent agenda for the
meeting of November 3`d
B) Authorizing the Mayor to Sign an Interlocal Agreement with the Solid Waste Authority
for the Sharing of Revenues as Part of the Municipal Recycling Program
Town Manager Su eg rman -The Town has along-standing interlocal agreement with the
Solid Waste Authority (SWA) of Palm Beach County to handle our solid waste disposal and
recycling materials (all of which are collected and transported by Waste Management, but the
Town Commission Workshop Minutes
September 29, 2009 Pale 5 of 7
material is taken to the SWA landfill and the SWA recycling center). Now the SWA is
willing to share with the Town 50% of the net revenues that are generated by our recycled
materials. The net revenues generated by recycling materials goes up and down with the
marketplace, so there is no real way to determine what 50% of the revenues might equal from
year to year. However, if the past year was any indicator, and if we had an interlocal
agreement with the SWA for the sharing of recycling revenues, we could have seen
approximately $10,000 in earnings.
Commissioner Sorrelli -How do you measure the weight? Mana eg r Su eg rman -They
weigh by tonnage. When the material gets to SWA, they break out the recycling items and
they weigh it.
Mayor Newill -Town Attorney -Have you reviewed the ordinance? Town Attorney -Yes
and have no problem with it. Mayor Newill - If there are no further question, item will be
included on the October 6th Consent Agenda.
7) MISCELLANEOUS -ITEMS LEFT OVER
A) Authorizing the Mayor to sign a Retainer Agreement with Buckingham, Doolittle &
Burroughs, LLP
Town Mana er Su e~ rman -The Mayor has concluded his negotiations with the Town
Attorney on the new retainer agreement. A copy was included in your packet.
Mayor Newill -The retainer is basically the same one that was previously submitted, with
the exception that the monthly retainer was reduced from $9,500.00 to $9,000.00 per month.
Commissioner Trinley -Since we know you have thoroughly reviewed the complete
document, recommend moving to the consent agenda.
Mayor Newill -Item to be included on the October 6th Consent Agenda
B) Minutes
August 6, 2009 -Budget Workshop
August 18, 2009 -Budget Workshop
August 25, 2009 -Workshop Meeting
September 1, 2009 -Regular Meeting
September 3, 2009 -Budget Public Hearing
Minutes to be included on the October 6th Consent Agenda.
8. REPORTS -TOWN COMMISSION
Commissioner John Pa lg iaro - No Report.
Town Commission Workshop Minutes
September 29, 2009 Page 6 of 7
Commissioner John Sorrelli - No Report.
Commissioner Trinley - No Report.
Vice Mavor Zwick - No Report.
Mayor Newill - I received a memo from Florida League of Cities requesting that the Town
Commission adopt a resolution and plan some type of celebration for "City Government
Week." These types of activities are meant for communities larger than Highland Beach. If
the Commission agrees, would like to adopt a resolution declaring October 14 - 24~' as City
Government Week.
To be included on the October 16~' Consent Agenda.
9. REPORTS -TOWN ATTORNEY
At last month's Commission Meeting, the Commission went on record opposing the
pedestrian activated traffic light on AlA at Boca Highlands. I contacted FDOT and
forwarded them a letter voicing the Commission's opposition, requested a hearing, and
requested that they not issue a permit. FDOT has notified us that they will provide us a
hearing on October 8~' and they would like no more than three representatives from Highland
Beach. The three representatives will be the Mayor, Town Attorney and the Town Manager.
In addition, would like some guidance from the Commission. Within the next few days
request that you each send me your comments or thoughts on this subject. Hopefully after
the hearing, the permit will not be issued.
Mayor Newill -Even though we voiced our opinions against the pedestrian activated light,
we never took a formal vote. At next Tuesday's meeting I will entertain such a motion.
Commissioner Pa liaro -1) Is it possible that the Commission meet and have a strategy
session prior to the public hearing? 2) Can anyone else attend as an observer? Town
Attorne~Sliney - If you are talking about an open or a closed meeting? Will have to check
the statutes to see if a closed session is allowed.
Mayor Newill -Not against anyone else attending, but will have to find out the capacity of
the hearing room. Commissioner Trinley - They made themselves clear, three can attend.
You three should attend and represent us. Commissioner Sorrelli - I agree, only three should
attend.
10. REPORTS -TOWN MANAGER
No Report.
11. CONSENT AGENDA
Town Commission Workshop Minutes
September 29, 2009 Page 7 of 7
None
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Joe Yucht -Boca Highlands
Very upset that I could not get an answer to a simple question on the status of Milani Park. I
do not have eight days before the next meeting. We at Boca Highlands surround the
proposed Milani Park property. The Town is spending our money, and not responding to our
questions. 2) Notice that we are going through a situation with another building official..
This is the 3rd one in a few months. Wish you would reconsider hiring our own full time
employee. 3) Understand that there is a meeting coming up with the Commission and
FDOT. Is Boca Highlands invited? Town Attorney sent a letter to FDOT and would like a
copy. The Commission is against the light, but Boca Highlands followed the law. Do not
think it is beneficial to the residents of the Town to fight the light.
Mayor Newill -Update on Milani Park. The lawsuit is on-going.
Town Attorney Sliney -Correspondence from FDOT goes to both the Mayor and Mr.
Fanning. Assume Mr. Fanning will be attending with two other representatives. My
correspondence is a public record, you need to request a copy from the Town Clerk.
Ann Roy -Bel Lido
Apologize for the letter that I submitted, someone else typed it and I just now realized that
there were mistakes.
13. ADJOURNMENT
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 lg iaro• n
APPROVED:
Miriam S. Zwick, ~ ce Mayor
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