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2009.11.03_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday November 3 2009 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; 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 Lou Stern - 1115 Russell Drive 1) Submitted picture's for the Commissions review. He stated he was also representing Camino Cove Condominium as their president. Each one of us in the condominium has a boat dock. We are having quite a problem with the 3-6 foot iguana's that leave 1.5 to 2 lbs. of droppings per day. It is not a pleasant site and is completely out of control. Professional trappers have told us that they can trap them, but cannot release them on someone else's property. We need your help. 2) Another problem is the dogs running loose on the beach. Would hope that the Commission would direct the police department to do spot checks and issue tickets. 3) My family has left Comcast and we now have 615 channels with AT&T, but do not receive Channel 97. Would it be possible for the Town Manager to contact AT&T to see what can be done so that all residents regardless of their cable company can receive the feed? Town Commission Regular Minutes November 3, 2009 Pa e 2 of 8 3. PRESENTATIONS • None 4. BOARDS AND COMMITTEES A) Board Correspondence • None B) Board Action Report • Read into the re cord by the Town Clerk. C) Board Vacancies • Beaches & Shores Advisory Board -Three Full Terms beginning in Dec. 2009 • Boca Raton Airport Advisory Committee -Three-year Term (01/2010 - 2013) • Cultural Advisory Board -One Unexpired Term (5/11) • Cultural Advisory Board -One Unexpired Term (11/11) D) Monthly Board Meetings • Beaches & Shores Advisory Board -Nov. 10th -Regular - 9:30 AM • Planning Board -Nov. 11th -Regular - 9:30 AM • Bd. of Adjustment -Nov. 17th -Regular - 9:30 AM • Cultural Advisory -Nov. 19th- Regular - 9:30 AM • Complete Count Committee -Nov. 19th - 10 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) Ordinance No. 09-004 O -Second Reading and Public Hearing 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. Town Clerk Brown read the Ordinance, title only, into the record. Manor Newill opened the Public Hearing. Receiving no comments, the Public Hearing was closed. Mayor Newill requested comments from the Commission. No further discussion. MOTION: Vice Mayor Zwick moved to adopt Ordinance No. 09-004 O on second reading; seconded by Commissioner Sorrelli. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Mayor Newill - Yes Town Commission Regular Minutes November 3, 2009 Page 3 of 8 Motion passed with a 5-0 vote. B) ORDINANCE N0.09-005 O -First Reading AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH AMENDING IN FULL THE TOWN CODE, CHAPTER 22 ENTITLED "SEWERS," SECTION 22-2 ENTITLED "SERVICE CHARGES", AND SECTION 22-4 ENTITLED "BILLING PROCEDURES; DELINQUENCY", AND CHAPTER 29 ENTITLED "WATER SYSTEM", SECTION 29-10 ENTITLED "CHARGE FOR WATER SERVICE", AND SECTION 29-11 ENTITLED "BILLING DATES; DELINQUENT BILLS; DISCONNECTION" AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read the Ordinance, title only, into the record. Mayor Newill requested comments from the Commission. Receiving no comments, the Ordinance will be scheduled for a second reading and public hearing at the December 1, 2009 Regular Commission Meeting. C) RESOLUTION N0.09-014 R A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTIONS NO. 833 AND NO. 859 WHICH ESTABLISHED THE CULTURAL ADVISORY BOARD Town Clerk Brown read the Resolution, title only, into the record. MOTION: Commissioner Trinley moved to select choice #3 -Highland Beach Cultural Advisory Board is sunsetted as of December 31, 2009; seconded by Commissioner Sorrelli. ROLL CALL: Commissioner Trinley - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. MOTION: Vice Mayor Zwick moved to adopt Resolution No. 09-014 R as amended; seconded by Commissioner Sorrelli. ROLL CALL: Vice Mayor Zw3ick - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Mayor Newill - Yes Town Commission Regular Minutes November 3, 2009 Page 4 of 8 Motion passed with a 5-0 vote. 6. NEW BUSINESS A) Authorizing the Mayor to sign a One Year Extension Agreement with the Government Services Group of Longwood, Florida for Financial Services Town Mana erg_Su. erman - In September of 2008, the Town entered into an Agreement with the Government Services Group (GSG) of Longwood, Florida to assist the Town with Financial Services. Over the course of the past year, they have helped us with the following activities: cash and investments, cash receipts/accounts receivables; payroll activities; financial reporting, including assistance with the Comprehensive Annual Financial Report; financial administration and internal audit; general ledger assistance; and fixed asset program. The original contract with GSG allowed for two, one-year renewals. For the new fiscal year, we would like to renew our relationship through the end of the 2009-2010 accounting season. GSG will be including the following three additional activities for this accounting season: risk management services; procurement services; and pension accounting; they will perform all of the historical services at their original contract price of $62,000.00 and the three new services for an additional $1,960.00. This action being requested by the Town Commission is not really approving a new contract, but rather it is just giving the Mayor the authority to sign the one- year extension of an existing contract. Commissioner Sorrelli -What is risk management? Town Mana eg r Su eg rman - Determining what activities the Town is involved in that puts us at risk. Do we need to change our practices and procedures? Do we need to purchase additional insurance? GSG will assist us in managing our risks. Mayor Newill -Can we use them to help in the selection of our investments? Town Manager Su eg rman -They do not offer financial management. MOTION: Commissioner Pa liaro moved to authorize Mayor Newill to sign aOne-Year Extension Agreement with the Government Services Group of Longwood, Florida; 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. Town Commission Regular Minutes November 3, 2009 Page 5 of 8 7) MISCELLANEOUS -ITEMS LEFT OVER A) Entering into a "Most Favored Nations" Agreement with Florida Public Utilities Company Town Mana eg_r Su eg_rman - If you go back to item #SA of this agenda, the Commission adopted Ordinance No. 09-004 Oawarding athirty-year gas franchise in Highland Beach to the Florida Public Utilities Company. In the thirty years of the agreement, if any other entity in Florida is given additional franchise fees, this "Most Favored Nations" Agreement with the Florida Public Utilities Company will also entitle the Town to the same percentage increase automatically. MOTION: Commissioner Trinley moved to approve entering into the "Most Favored Nations" Agreement with the Florida Public Utilities Company; seconded by Commissioner Sorrelli. ROLL CALL: Commissioner Trinley - Yes Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. 8. REPORTS -TOWN COMMISSION Commissioner John Pa.lg_iaro -The Commission recently received paperwork from Florida Retirement advising that they are creating a special classification for elected officials. To be eligible the Town needs to adopt a resolution. MOTION: Commissioner Pa lg iaro moved to have the staff prepare a resolution adopting the "Elected Officials Classification" in the Florida Retirement System; seconded by Commissioner Trinley. Discussion: Town Mana eg r Swan -The Florida Legislature has modified the contribution retirement rate for elected officials. The Legislature has created an elected officials classification and has increased slightly the percentage that is contributed. Commissioner Pagliaro's motion allows us to add this classification by assigning staff the responsibility to prepare a resolution for the Commission's approval at next month's meeting. ROLL CALL: Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Commissioner Trinley - Yes Town Commission Regular Minutes November 3, 2009 Page 6 of 8 Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. Commissioner John Sorrelli -Would like the Town Manager to bring us up-to-date on the waterline. Town Mana eg r Su eg rman - In November 2008 Referendum, the voters of Highland Beach authorized the replacement of the water transmission line through the entire town. The Town Commission accepted the recommendation of our engineer and awarded the bid to the second lowest bidder. Subsequently, the low bidder appealed this decision. The Court made their decision last week in the Town's favor. The Mayor signed the contracts for the construction of this line last Wednesday. Just this morning, we had the pre-construction meeting. The contractor has 270 days to complete the project. He will be bringing in his equipment the week of November 16~'. The complete project will take about ten months. The contract stipulates that the contractor has to have a written maintenance of traffic plan approved by both the Town's Engineer and FDOT. The plan has already been approved and they will maintain two lanes of traffic. There will not be a lot of equipment brought in to town for this project as the trench will only be about 4 feet wide. Probably amid-size back hoe, small front end loader, some dump trucks, a tree spade as some tress will be removed and then replaced as soon as they complete that opening. Yes there will be some inconvenience. The traffic plan does not call for the road to be closed. The entire project will be videotaped. All existing conditions have to be replaced, equal to or better than how they were found. The work will begin at 8 am and end at 6 pm, Monday through Friday. There will be no over night open trenches. But, there might be instances where a homeowner cannot get into his driveway. Residents will be notified two weeks in advance when the construction will be in front of their property. If there are weather delays, it will ne necessary for the contractor to return looking for authorization to work on Saturdays. They also need written permission to work on holidays. Commissioner Trinlev - No Report. Vice Mayor Zwick - No Report. Mayor Newill -The car transports are back again. Our Code does not address when they can come and leave. The motor runs while they are sitting there, and it makes a lot of noise. Some of our residents go to bed early, and these trucks make a lot of noise. Feel our Code should address this nuisance. Town Mana eg r Su e~ -Some times these trucks get into Town early and then have to wait for the owner to show up. Weather and traffic conditions generate their arrival time. We could insert in the code specific times of deliveries.. Commissioner Trinlev -Who would enforce the regulation? How many complaints have we had? Manager Su eg rman -The police would enforce it. Mayor Newill - We will move on. 9. REPORTS -TOWN ATTORNEY At last week's meeting, Dr. Strauss made a request to allow the Lyric Chamber Orchestra to make public service announcements on Channel 97. Several years ago we discussed non- Town Commission Regular Minutes November 3 2009 Pa e 7 of 8 profits and donations. We revert back to the questions: 1) where does it stop? and 2) how long does it go? Basically recommend that you do not proceed with this request. 10. REPORTS -TOWN MANAGER Would like to remind the Commission, that once we adjourn from this meeting, we will be meeting in the large conference room in executive session for the purpose of discussing bargaining negotiations strategy.. 11. CONSENT AGENDA Mayor Newill asked if anyone would like to remove any item from the Consent Agenda? MOTION: Commissioner Trinley moved to accept the Consent Agenda as presented; seconded by Commissioner Pa lg iaro. A) Appointment of Susan Hiles to fill an unexpired one-year term on the Beaches & Shores Advisory Board (11/09 - 7/10) B) RESOLUTION N0.09-015 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 08-009 R WHICH APPROPRIATED FUNDS FOR THE 2008-2009 FISCAL YEAR BUDGET, WHICH BEGAN OCTOBER 1, 2008 AND ENDS SEPTEMBER 30, 2009. C) Authorization for the Mayor to sign the Second Amendment to Interlocal Agreement R2001-2103 for the use of the County's 800 MHz Radio System. D) Authorizing the Purchase of Two 85 HP Submersible Pumps for Lift Station #1 E) Authorizing the Town Manager to Make aNot-to-Exceed Offer of $20,000.00 to the Boca Highland Marine and Beach Club for the Purchase of their Engineering Drawings for the Proposed Pedestrian Activated Traffic Control Device at the Boca Highland's Crosswalk. G) Cancellation of the December 29~' Commission Workshop Meeting. H) Minutes September 23, 2009 -Budget Public Hearing September 29, 2009 -Workshop Meeting October 6, 2009 -Regular Meeting October 9, 2009 -Special -Attorney/Client Session ROLL CALL: Commissioner Trinley - Yes Commissioner Pagliaro - Yes Commissioner Sorrelli - Yes Town Commission Regular Minutes November 3 2009 Pa e 8 of 8 Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht -Boca Highlands If you read the reports from FDOT, they say they will not pay to install the light, but if Boca Highlands is willing to pay, they will issue the permit. Situation is based on safety. If you dig down deep, you will realize we are looking out for our own people. Paul Resnick -Boca Highlands I have read all the correspondence from FDOT. No where does any of the correspondence say that the traffic on this section of AlA requires a pedestrian activated traffic light. Came to thank you for making a cash offer to Boca Highlands and hope that the Board of Directors will accept it. 13. ADJOURNMENT There being no further business to come before the Commission, Mavor Newill adjourned the Workshop Meeting at 2:30 PM upon a MOTION by Commissioner Pa lg iaro; seconded by Commissioner Sorrelli. APPROVED: Jim Ne ill, CPA, Mayor ~~~~ Miri .Zwick, V~~ayor t~..l~.-~ ~. .C Doris M. Trinley, Commissioner ATTEST• Bever M. rown, MMC ~ ~ . ~ ~9 Date