2009.12.01_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, December 1, 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
Mayor Newill stated we will rearrange the agenda so that Item #7 will be heard after the Public
Comments to allow Town employees the opportunity to speak and return to their positions.
2. PUBLIC COMMENTS AND REQUESTS
No comments received.
7) MISCELLANEOUS -ITEMS LEFT OVER
A) Refund of a Building Permit Fee -Ambassadors East
Town Mana er Su eg_rman - At the end of 2005, the Ambassadors East Condominium hired a
contractor to install a completely new UL rated fire system in all three of their buildings. The
association obtained the necessary building department permits and at the end of the
installation arranged for inspections of the system; including inspections by the Delray Beach
Fire Department. All systems passed final inspection. As part of an insurance inspection, the
Underwriters Laboratories, Inc. (UL) failed all three systems because according to UL, this
Town Commission Regular Minutes
December 1, 2009 Page 2 of 10
system required an auditory decibel sound in each condominium unit should the system be
triggered. The original permitted and installed unit did not pass the inspection. To correct the
problem, Ambassadors East has ordered a new fire alarm system for all three buildings which
also includes a completely new central fire panel as well as individual fire alarms in each of the
320 units. The cost for this replacement installation is just over $93,000; which includes
$1,395.00 for a building permit fee. Ambassadors East has paid the $1,395 building permit fee
so that they can get the new construction started, however, they would like to appear before the
Town Commission to request a refund of the building permit fee because they feel that the
Town should have advised them of the UL requirement of an auditory decibel sound in each
condominium unit when the original permit was applied for and approved in 2005.
Commissioner Sorrelli -Are you saying the engineer did not know the rules and regulations?
Lt. James Tabeek -Delray Fire Deft. -The alarm company had an engineer stamp the plans.
ADT then hired asub-contractor to install the system. They immediately had a problem with
the sub-contractor and he was removed from the job. We did spot checks on the auditory
decibel sound system but did not have an audio meter. Ultimately, it is up to the contractor,
but they are now on their third company.
Comm. Sorrelli - Is it the Town's fault? Lt. Tabeek. The plans met the requirements, but we
did not have an audio meter to check the auditory decibel system.
Commissioner Pa lg iaro -The letter from Lt. Tabeek recommends that the permit fee should be
waived. Sounds like this fell through the cracks. The contractor should have known better.
We should not penalize Ambassadors East.
MOTION: Commissioner Pagliaro moved that the permit fee for Ambassadors East be
waived and the monies returned; seconded by Vice Mayor Zwick.
Town Mana er Su erman -Request that the motion be amended to state: The monies will be
refunded and the source of the refund will be General Fund Reserve for Contingency Account
#001-590-000-599.000.
Commissioner Pagliaro agreed to the amendment, as did Vice Mayor Zwick.
ROLL CALL:
Commissioner Pagliaro - Yes
Vice Mayor Zwick - Yes
Commissioner Sorrelli - No
Commissioner Trinley - Yes
Mayor Newill - No
Amendment to the Motion passed with a 3-2 vote.
Town Commission Regular Minutes
December 1 2009 Page 3 of 10
ROLL CALL:
Commissioner Pagliaro - Yes
Vice Mayor Zwick - Yes
Commissioner Sorrelli - No
Commissioner Trinley - Yes
Mayor Newill - No
Motion passed with a 3-2 vote.
3. PRESENTATIONS
• Proclamation
Proclaiming 2010 as the Year of the Everglades
Town Mana er Su erman -The Arthur R. Marshall Foundation has asked the Town of
Highland Beach to join other Palm Beach County municipalities and organizations by
proclaiming 2010 as the Year of the Everglades.
Town Clerk Brown read the entire proclamation into the record.
MOTION: Vice Mayor Zwick moved to proclaim 2010 as the Year of the Everglades;
seconded by Commissioner Pa lg iaro.
A voice vote was taken with all in favor.
4. BOARDS AND COMMITTEES
A) Board Correspondence
• Joe Yucht of the Boca Raton Airport Authority submitted a written report for the
record.
B) Board Action Report
• Attached and read into the record by the Town Clerk
C) Board Vacancies
• Beaches & Shores Advisory -Two full terms beginning in December 2009.
• Boca Raton Airport Authority Advisory Board -Three-year term (01/01/2010 - 2013)
Interview -
Paul Resnick - 4740 S. Ocean Blvd.; stated he was retired military, flew jet fighters
and jet transports. He was the former chairman of the Code Enforcement Board and
presently is a member of the Planning Board.
• Election for Position -Candidates: Ron Brown or Paul Resnick
Ballot vote: 3 votes for Paul Resnick and 2 votes for Ron Brown
Paul Resnick appointed to a three-year term on the Boca Raton Airport Advisory
Board.
D) Monthly Board Meetings
• Special Magistrate -Dec. 3rd - 2 PM
Town Commission Regular Minutes
December 1, 2009 Page 4 of 10
• Light Up the Holidays -Dec. 6`t' at 6:00 PM
• Beaches & Shores Advisory -Dec. 8th -Regular - 9:30 AM
• Planning Board -Dec. 9th -Regular - 9:30 AM
• Bd. of Adjustment -Dec. 15th -Quarterly - 9:30 AM
5. PROPOSED ORDINANCES AND RESOLUTIONS
A) Ordinance No. 09-005 O -Second Reading and Public Hearing
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 opened the Public Hearing. Receiving no comments, the Public Hearing was
closed.
MOTION: Commissioner Trinlev moved to adopt Ordinance No. 09-005 O on second
reading; 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.
B) A Resolution to Save Tri-Rail
RESOLUTION N0.09-017 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA
REQUESTING THAT FLORIDA GOVERNOR CHARLIE CRIST, STATE SENATE
PRESIDENT JEFF ATWATER, AND SPEAKER OF THE HOUSE LARRY CRETIL
CALL A SPECIAL SESSION OF THE FLORIDA LEGISLATURE TO ENACT A
$2.00 A DAY RENTAL SURCHARGE IN ORDER TO SAVE TRI-RAIL
Town Clerk Brown read the Resolution, title only, into the record.
MOTION: Commissioner Pa lg iaro moved to adopt Resolution No. 09-017 R; seconded by
Commissioner Sorrelli.
Town Commission Regular Minutes
December 1, 2009 Page 5 of 10
ROLL CALL:
Commissioner Pagliaro - Yes
Commissioner Sorrelli - Yes
Commissioner Trinley - Yes
Vice Mayor Zwick - Yes
Mayor Newill - Yes
6. NEW BUSINESS
A) Approving the Purchase of 176 T-10 Meters from Sunshine Meter & Supply, Inc.
Town Manager Su e~ - As part of the AlA Water Transmission project, the Town staff
planned all along to modify the Town's water meter system to allow for remote reading of the
water meters, using a wireless computer system that picks up a signal from the meter itself.
Our understanding at the time that we bid the project was that our existing T-8 meters that are
currently in the ground, could just have their dials swapped out with a remote reading device.
As things turned out, our existing T-8 meters cannot just accept a swapped out remote reading
device. We actually have to replace the entire meter going from a T-8 to a T-10. The T-10
meters will allow for much more accurate and timely remote reading capability, which the T-8
will not. We will have to purchase 176 new T-10 meters from our sole-source provider -
Sunstate Meter & Supply, Inc. The total cost of this replacement program is $32,049.88. The
additional cost will be charged against the DEP loan. Funds are available for this purchase in
account #401-000.000-169.900.
MOTION: Vice Ma_yor Zwick moved to authorize the purchase of 176 new T-10 Meters from
Sunshine Meter & Supply, Inc. in the amount of $32,049.88; seconded by Commissioner
Pa lg iaro.
A voice vote was taken with all in favor.
Motion passed.
B) Awarding of a Contract in an amount not to exceed $20,000 to Nabors, Giblin &
Nickerson to provide an Assessment Methodology on Beach Maintenance
Town Mana eg r Su eg_rman - At last week's meeting, the Beaches and Shores Advisory Board
requested that the Town Commission move forward with the proposal for a MSTU. In order to
begin this process, the Town needs to provide the resident's an assessment report on the
apportionment methodology to allocate the assessable costs among various parcels within the
Town in a manner consistent with the benefit received. Upon approval by the Town's voters,
such assessment methodology would be incorporated into the implementing assessment
resolution. The contract with Nabors, Giblin & Nickerson would be for the firm to prepare an
assessment ordinance and implementing resolutions required for the imposition of the special
assessments pursuant to the Uniform Collection Method. The process would involve, at a
minimum, the following actions by the Town Commission: 1) adoption of an assessment
ordinance; 2) adoption of an initial assessment resolution incorporating the assessment
Town Commission Regular Minutes
December 1 2009 Page 6 of 10
methodology and directing the preparation of an assessment roll; 3) adoption of a final
assessment resolution approving the final assessment roll and directing the collection of the
assessments under the Uniform Collection Method. Fees paid by the Town for this assessment,
the economic analysis and other expenses incurred as implementation costs are recoverable in
the final assessment program.
Mayor Newill - If we authorize this expenditure of $20,000.00 with Town's funds, do we get
the money returned if the referendum is approved? Mana eg r Sugerman - Simple answer is
yes.
Commissioner Trinley - In Dr. Fishkind's proposal he refers to obtaining data from Broward
County Property Appraiser. Manager Superman - Dr. Fishkind is from the Orlando area and I
will have that corrected prior to the signing of the proposal.
Commission Trinley - Is there any reason why we cannot have a referendum to see if the
residents are interested in spending money on this proposal? Town Attorney Sliney - We need
to have the survey completed before we have a referendum. Town Mana eg r Su eg rman -Prior
to the actual referendum, we would make presentations to the residents explaining the purpose
of voting in favor of the referendum. Without any facts or background it would be impossible
to explain.
Town Attorney Sliney -Scope of services, timing, and payment conditions are very vague.
Town Mana e~ e~ rman -Both are fixed fee contracts. The contracts will be written "not to
exceed" the dollar amount.
Mayor Newill -The Commission would have a tough time not sponsoring a referendum after
spending $30,000.00.
MOTION: Commission Pa liaro moved to award a contract in an amount not to exceed
$20,000 to Nabors, Giblin & Nickerson to provide an Assessment Methodology on beach
maintenance; seconded by Vice Mayor Zwick.
ROLL CALL:
Commissioner Pagliaro - Yes
Vice Mayor Zwick - Yes
Commissioner Sorrelli - No
Commissioner Trinley - Yes
Mayor Newill - Yes
Motion passes with a 4-1 vote.
***** Please note that this Motion was reconsidered after the next item.
Town Commission Regular Minutes
December 1, 2009 Page 7 of 10
C) Awarding of a Contract in an amount not to exceed $10,000 to Fishkind &
Associates to provide a Special Assessment Study in Support of Beach Cleanup and
Maintenance
No further discussion.
MOTION: Vice Mayor Zwick moved to award a contract in an amount not to exceed $10,000
to Fishkind & Associates to provide a Special Assessment Study in support of beach cleanup
and maintenance; seconded by Commissioner Pa lg iaro.
DISCUSSION: Commissioner Trinlev -Thanked the members of the Beaches & Shores
Advisory Board for all the work they have done on this project, and it is the only reason why
she is voting in the affirmative.
ROLL CALL:
Vice Mayor Zwick - Yes
Commissioner Pagliaro - Yes
Commissioner Trinley - Yes
Commissioner Sorrelli - No
Mayor Newill - No
Motion passes with a 3-2 vote.
Mayor Newill stated that he would like to bring up for re-consideration the contract for Nabors,
Giblin & Nickerson.
MOTION: Mavor Newill moved to reconsider Item #6B -awarding of a contract to Nabors,
Giblin & Nickerson; seconded by Commissioner Trinlev.
ROLL CALL:
Mayor Newill - Yes
Commissioner Trinley - Yes
Commissioner Sorrelli - Yes
Commissioner Pagliaro - No
Vice Mayor Zwick - No
Motion passed with a 3-2 vote.
REVOTE -MOTION: Commission Pagliaro moved to award a contract in an amount not to
exceed $20,000 to Nabors, Giblin & Nickerson to provide an Assessment Methodology on
beach maintenance; seconded by Vice Mayor Zwick
Discussion: Vice Mayor Zwick questioned why the two items were not combined together, as
one contract is contingent on the other.
Town Commission Regular Minutes
December 1, 2009 Pale 8 of 10
ROLL CALL:
Commissioner Pagliaro - Yes
Vice Mayor Zwick - Yes
Commissioner Sorrelli - No
Commissioner Trinley - Yes
Mayor Newill - No
Motion passes with a 3-2 vote.
S. REPORTS -TOWN COMMISSION
Commissioner John Pa lg iaro - No Report.
Commissioner John Sorrelli - No Report.
Commissioner Trinley -Would like to remind everyone of the fair being sponsored by the
Friends of the Library tomorrow from 11 AM to 4 PM.
Vice Mayor Zwick - No Report.
Mayor Newill - No Report.
9. REPORTS -TOWN ATTORNEY
No Report.
10. REPORTS -TOWN MANAGER
Requested that the Town Commissioner take a formal action on setting a date for the Attorney-
Client Closed Door Meeting regarding Palm Beach County's lawsuits involving Milani Park.
MOTION: Vice Mayor Zwick moved to schedule anAttorney-Client Closed Door Meeting
on December 15, 2009 at 10:30 AM; seconded by Commissioner Sorrelli.
ROLL CALL:
Vice Mayor Zwick - Yes
Commissioner Sorrelli - Yes
Commissioner Pagliaro - Yes
Commissioner Trinley - Yes
Mayor Newill - Yes
Motion passed with a 5-0 vote.
Town Commission Regular Minutes
December 1 2009 Page 9 of 10
The State Road AlA water main construction project was to have begun today. The contractor
had some difficulty getting all the parts, so it will begin either December 8~' or 9`". A
construction meeting is held every other Wednesday morning, so I will have additional
information tomorrow.
The Administrative Staff, made up of employees in the Town Manager's Department, Town
Clerk's Department and Finance Department, recently had their first food drive. I am very
proud to announce that this project generated 252 pounds of food being donated to Boca
Helping Hands. Would like to thank everyone who made a donation.
11. CONSENT AGENDA
Mayor Newill asked if any item needed to be removed from the Consent Agenda.
MOTION: Commissioner Trinley moved to approve the Consent Agenda as presented;
seconded by Commissioner Sorrelli.
Voice vote with all in favor.
A) Appointment of Linda Albertson to a three-year term on the Beaches & Shores
Advisory Board (1/01/2101- 12/31/13)
B) RESOLUTION N0.09-016 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA
DESIGNATING ITS ELECTED POSITIONS FOR INCLUSION IN
THE ELECTED OFFICERS' CLASS OF THE FLORIDA RETIIZEMENT
SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE.
C) Declaring Certain Property to be Surplus Property
D) Minutes
October 27, 2009 -Workshop Meeting
November 3, 2009 -Regular Meeting
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Lucy Miller -Chairman of Beaches & Shores
Thanked the Commission for their support while she was a member of the Beaches & Shores
Advisory Board.
Brandon Coldwell - 2635 S. Ocean Blvd.
Town Commission Regular Minutes
December 1 2009 Pale 10 of 10
Resent the comments made that residents do not pick up the beaches. This is a false statement.
I live in Beach Byrd Estates and we the residents are always out cleaning the beach area. I am
appalled that the Commission just wasted $30,000.00. Everyone who walks the beach picks up
the trash. We still have not received a report in regards to the ingress and egress of Beach
Byrd Estates. I have small children, and there is no emergency access in case of an emergency.
Construction on this project has been going on for a decade. You are allowing a nuisance to
continue for the residents. The Commission should also consider having meetings at night so
that working people can attend.
Mike Ferrara -Boca Highlands
Will be returning to New Jersey for the holidays and want to wish you all a Merry Christmas.
13. ADJOURNMENT
T ere being no further business to come before the Commission, Mayor Newill adjourned the
Meeting at 2:55 PM upon a MOTION by Commissioner Pa liaro; seconded by
Commissioner Sorrelli.
APPROVED:
Jim/Ny~n'e i 1, CPA, May/Jor
S. Zwick, Vrf¢~ Mayor
a,U-a
ATTEST:
Beverly M. B own, MMC
ld
at /
Doris M. Trinley, Commissioner