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2010.01.05_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, January 5, 2010 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 -Under New Business, would like to add - "Backflow Prevention Devices." In addition, will allow residents in the audience that wish to speak on this subject, to do so during this portion of the agenda without a time limit rather than during the public comment section. Town Mana eg r Su e~ -Would like to make a correction on item #3A. The Agenda states Sanford J. Goldstein, but it should say Sanford H. Goldstein. 2. PUBLIC COMMENTS AND REQUESTS Joe Yucht -Boca Highlands Would like to publicly thank the Commission for the fruit basket he received after his recent hospitalization. Also would like a report from the Town Commission on the Milani Park situation. There are numerous rumors being spread and would like to hear the truth. At last month's meeting he was replaced on the Boca Raton Airport Advisory Board. Does not feel he was term limited and would like an opinion from the Town Attorney. Prior to the Town Commission Regular Minutes January 5 2010 Page 2 of 12 meeting, he had submitted a report from the Airport Authority that was not read into the meeting which advised the Commission that all terms on the Authority end in May. Mayor Newill -Town Attorney is there a report on Milani Park that we can share with the public? Town Attorney Sliney -There are ongoing discussions between the Town's staff. It is the policy not to discuss law suits until they are resolved. Seymour Strauss -Boca Highlands Disappointed with the opinion of the Town Attorney not allowing advertisement of the Lyric Chamber Orchestra's concert on February 5, 2010 at St. Lucy's on channe197. Like many other non-profits, we were not successful in our recent fund-raising. We are well received in the community, and wish that the Town Commission would support us. 3. PRESENTATIONS A) A presentation by Marjorie E. Lanthier, President of the Friends of the Highland Beach Library to Rename the Library's Community Room in Honor of Sanford H. Goldstein Mariorie Lanthier - I'm here representing the Friends of the Highland Beach Library. Our purpose today is to request that you rename the Library's Community Room, The Sanford H. Goldstein Community Room to honor Mr. Goldstein and to recognize his generous bequest of $100,000 to the Friends of the Library. We plan to use his contribution to update the Community Room with a new sound system, lighting and hardwood flooring. Our Community Room has been in constant use since the new building opened and I know our patrons will appreciate the new systems. I will be happy to answer any questions about our use of the room, attendance at programs sponsored by the Friends or any of our other volunteer activities. MOTION: Commissioner Sorrelli moved to rename the Library's Community Room in Honor of Sanford H. Goldstein; seconded by Vice Mayor Zwick. DISCUSSION: Manor Newill - I strongly have supported the Friends of the Library as they area 501 C3 non profit corporation. But personally do not like the idea of selling rooms. Up to this date, there have only been three items named for individuals, with the sole purpose of recognizing these individuals for their community service. ROLL CALL: Commissioner Sorrelli - Yes Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Mayor Newill - No Motion passed with a 4-1 vote. Town Commission Regular Minutes Janu 5.2010 Page 3 of 12 4. BOARDS AND COMMITTEES A) Board Correspondence Mayor Newill presented certificates of appreciation to the outgoing members of the Cultural Advisory Board. B) Board Action Report Read into the record by the Town Clerk C) Board Vacancies • Board of Adjustment and Appeals -One three-year term • Beaches & Shores Advisory -Three full terms • Interview -Joel Ignatin - 4740 S. Ocean Blvd. Unit # 1414 Mr. I ng atin stated he had lived in Highland Beach for two years; was a retired teacher; and it was his desire to see the beaches improved to the highest standards to benefit the residents and the imperiled flora and fauna along the shore. Discussion: Manor Newill questioned his application that stated he was a 9/10 month resident, as all boards meet 12 months a year, and the Commission has previously only appointed full time residents. Reply - He would attend all meetings, even if it was necessary to fly back for the meetings. MOTION: Vice Manor Zwick moved to appoint Joel Ignatin to the Beaches & Shores Advisory Board for athree-year term (1/10 - 12/12); seconded by Commissioner Pagliaro. ROLL CALL: Vice Mayor Zwick - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Commissioner Sorrelli - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. D) Monthly Board Meetings • Special Magistrate -Jan. 7th -Cancelled • Complete Count Committee -Jan. 7th - 10 AM • Beaches & Shores Advisory -Jan. 12th -Regular - 9:30 AM • Planning Board -Jan. 13th -Regular - 9:30 AM • Bd. of Adjustment -Jan. 19th - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A. Resolution No. 10-001 R Town Commission Regular Minutes January 5 2010 Page 4 of 12 A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPOINTING PALM BEACH COUNTY SUPERVISOR OF ELECTIONS SUSAN BUCHER TO THE TOWN CANVASSING BOARD AND AUTHORIZING SUSAN BUCHER TO REPRESENT THE TOWNS' CANVASSING BOARD FOR THE GENERAL MUNICIPAL ELECTION OF MARCH 9, 2010. Town Clerk Brown read the Resolution, title only, into the record. Town Mana eg r Su eg rman -The Town will be holding a general election on Tuesday, March 9, 2010. Part of the requirements of conducting the election is to have a local canvassing Board, with a representative of the Supervisor of Elections office as part of that Canvassing Board. In addition, in the unlikely event of any irregularities in the election, it is important that a representative of the Supervisor of Elections serve as a representative during any deliberations of our Canvassing Board MOTION: Vice Mayor Zwick moved to adopt Resolution No. 10-001 R; seconded by Commissioner Pa lg iaro• 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. 6. NEW BUSINESS A) Backflow Water Prevention Devices Mayor Newill requested that the Town Manager make the general public aware of what this subject is all about. Town Mana eg r Su eg rman -The Town is installing backflow water prevention devices on the customer side of the water meters in front yards of single family homes in conjunction with the water main project. The backflow device is piping that is 14 inches tall and several feet long. If the Town's utility system loses water pressure it would prevent contaminates from residential homes to flow back into the water system. About 180 are being installed over the course of the project. Arlin Voress - 4403 Intracoastal Drive. Intracoastal Drive is part of the Bel Lido Island that is located on the Intracoastal Waterway. You have to go over a bridge to get on to Bel Lido Island. The island was formed from the debris when the Corps of Engineers built the Intracoastal Waterway. There is no fresh water on Town Commission Regular Minutes January 5, 2010 Page 5 of 12 Bel Lido Island. In order for the back flow system to work, you need a supplemental system. The Bel Lido Island has no supplemental system on the island, so it does not meet the criteria. The only fresh water on Bel Lido Island is what is supplied by the Town. Did not know this was happening. Came to Town Hall and received a copy of the Ordinance No. 08-001 O which talks about the cross connection control system. Why are we installing these devices, if it is not required? The first time I was involved in this project was when they were working across the street from my home and broke the pipe and had to shut down the water system on the south end of Intracoastal Drive and I received a boil water notice. Next day, the contractor came to my door and stated he had to shut down my system to install a new water meter and then a backflow water prevention device. After he left, I went outside to discover that the contractor had dug a hole on my property without my authorization. Town is taking property that does not belong to them. If the Town has a letter from the County stating that it is required to install these backflow devices on Bel Lido Island, I would like to see it. My water pressure has dropped from 55 lbs. psi to between 43 and 35 since the installation of the device. That amount of pressure will not run our irrigation systems. To change all the sprinkler systems in Bel Lido will cost about $200,000.00. Is the Town willing to pay? Asking the Town Commission to instruct the Town Manager to stop any further installations and remove what was installed on my property. Jerry Marshall - 1088 Bel Lido Drive and Vice Pres. of Bel Lido Property Homeowners Assoc. Submitted photos indicating the cross section installations on Bel Lido. One of the devices is right next to the circular driveway and will surely get hit by a car. I have been out of town for the last couple of months. When we returned home and took a shower, could not understand what happened to the water pressure. The next day, my next door neighbor informed me that while I was gone, the backflow prevention device was installed. It does not sound like much, but my water pressure was reduced by 23%. The whole system was working at 54 lbs., but now is reduced to 43 lbs. All our sprinkler systems were calibrated to work at 54 lbs. of pressure. In order to correct them, we would have to install all new sprinkler systems. Someone gave me a copy of the pipeline newsletter yesterday. It stated in the newsletter that it was being sent to all the residents of the Town. No one in Bel Lido has received it. As Vice President of Bel Lido Home Owners Association, I will recommend to the Association that if nothing is done with this problem, that we bring in our own legal counsel in order to protect the value of our homes. Peter Corrales - 4411 Intracoastal Drive Have been a practicing architect for over 30 years. Backflow prevention devices are generally mandatory for commercial buildings not residential. On Bel Lido Island we have hardly any water pressure to begin with. Installing these devices has reduced it significantly. Why are only 180 single family homes having these installed? Even in our neighborhood, not every home is having it installed. In addition, I am not sure if it is legal to go on people's property without notification or authorization. What gives you the authority? Manor Newill -Town Attorney since this was not an agenda item, can a vote be taken? Town Attorne Sliney -This is a regular meeting, so a vote can be taken. Town Commission Regular Minutes January 5 2010 Page 6 of 12 Mayor Newill -The condos already have these devices installed. Not picking on Bel Lido specifically, since all single family homes will be having these installed. Also, believe we need consent to go on private property. Town Mana er Su ems- Would like to set aside the private property issue for the moment. Would like to ask Tyler Davis representing the consulting engineer to advise why a utility system would install backflow prevention devices on private property. And in particular, to address the loss of water pressure. Also, Chris Brozinsky, representing the contractor and the person who has been making the repairs on the devices to comment on the quality of the devices. Tyler Davis -Matthews Consulting Do not know how technical you want me to be, or do you have a specific question? Town Manager Sugerman -Why would a utility install a backflow prevention device on a single family home? T. Davis - The American Water Works Association (AWWA) recommends installing RPZ (reduce pressure zone) type of prevention devices on single family homes. This type is recommended to prevent water system contamination from any source. (i.e. -due to failure; high-rise buildings with low gravity force can back water into the system; intentional or unintentional contamination; pressure washer not installed properly.) It is not currently a law but is part of the ordinance for Highland Beach. They are required in all new buildings. There are multiple types of backflow prevention devices. A standard check valve is not considered an acceptable device, as one check can easily fail over time. A double check valve where two units are working in tandem is a much better option. The type we are installing is even better as we have two check valves and a purge. If there is an abundant amount of pressure on the resident's side, the purge will not allow the water to flow back into the system. An underground valve system is not designed to be checked on a regular basis. Jack Lee -Public Works Director It is a fact, that it is not a federal or state mandate to install these devices in single family homes. Sent a letter to the Town Manager on July 22, 2008 recommending that he not enforce this ordinance on the residents during these poor economic times. Especially since they have to be checked annually. I have a letter from Palm Beach County Health Department that says single family homes are not mandated to have backflow prevention devices unless they have an alternative water source (i.e. -either ground or surface water influx). It is not required in single family homes. All you are doing is putting these ugly devices in the front yard of private properties. They are safety hazards. Now we discover that the water meters are also on private property. Is the Town liable for these devices sticking out of the ground? Chris Brozinsky -Asphalt Consulting When these units are installed, they tend to drip until the lubricants are seeded and the "O" rings are perfectly aligned. With all that we installed, we only had four that the drip would not stop. We came out and disassembled and reset the units. All were fine with one exception. The devices are sound and the manufacturer has agreed to come out if there are any questions. Town Commission Regular Minutes January 5 2010 Page 7 of 12 Jerry Marshall - This is a serious situation. The Water Department is not recommending installation but we have spent $300,000.00 on these installations. Makes no sense. Either we have a mandate or we do not. I am a taxpayer and have to pay for these backflow prevention devices that are not mandatory. In addition, it is an imposition on each homeowner. Forget the appearance issue, but certainly the mechanics of it reducing the water pressure for no reason. What are you going to do to correct the sprinkler systems? Tyler Davis - Addressing the pressure -there are many ways to do it. My company wrote the specs for the water main on AIA. These backflow devices were listed as an alternative. There are several ways to fix it. Once the water main is completed, the pressure will be increased. Another option is in the areas where there are minor issues with the sprinkler systems, adjustments can be made to individual systems, or a booster pump can be installed. None of these should incur a large expense. Mayor Newill -Has the Commission heard enough to determine what they would like to do? Commissioner Pa lg iaro -What is in the best interest of this Town? Is the purpose of the device not to allow any contamination of our water system? I trust the professionals. Mayor Newill -Tend to disagree with you. We could ask the property owner to give us consent to install these devices. If he does not want them, I guess we cannot install them, which is his right. The safety factor is still not going to disappear. There are many arms to this problem that need to be addressed. There is more than just preserving our water system. Vice Mayor Zwick -Some years ago when I was President of a large condominium, we were advised to install back flow prevention devices. At the time, we understood that the back flow prevention device was not only for the contaminates getting into the system, but also prevented effluent from leaving the building and then being forced back into our sinks and toilets. Is this the same device? Jack Lee - It was implemented into condominiums and is a requirement for condominiums because condos have cooling towers on the roof and they have different ways that contaminates can get back into the system if the pressure drops below 20 psi. The AWWA, DEP, and Palm Beach County Health Department have studied single family homes and have deemed it not necessary to install these back flow prevention devices if you do not have an alternative water supply. There are so many ways for terrorists to threaten security in this country, but the water utilities are the least threatened. It is almost impossible to get a contaminate in a public water system. Vice Mayor Zwick -Does the backflow device prevent effluent from backing up into private residents? Reply - No. Town Commission Regular Minutes January 5, 2010 Page 8 of 12 Commissioner Trinlev - I am going to make a motion that I will be taking from the Town Manager's memo dated 12//30/09 where he lists "Options and Alternatives" this will be Option #3: MOTION: Commissioner Trinlev moved to: "Void the 2008 Cross Connection Control Program ordinance altogether and eliminate the installation of all of the planned residential backflow prevention devices from the utility system;" seconded by Commissioner Sorrelli. Commissioner Pa lg iaro - Do not want to rush into this, but do not feel I have enough of information. Town Attorney Sliney - A number of serious issues have been brought up today. The most serious is the private property issue. Whether this is a good system or not, how do you get around it? I would tend to agree with the maker of the motion. It is probably the most appropriate action for the Commission to make. There are other issues, but the private property issue is pre-eminent here. Commissioner Sorrelli -Would it be all right to bring the former Mayor back? How long has this problem been going on? Arlin Voress - I became aware of it the first part of December, when the Town had to shut the water off on the south end of Bel Lido. I asked the workers what was going on and they said they were trying to install the device and the system was all bad. So the water was just blowing in the street. What you heard today, is that the devices are not necessary on private property if there is no alternative source of water. It is costing us all kinds of money. Commissioner Sorrelli -Drop in water pressure -how long has that been going on? Arlin Voress -The 25% drop has been since they installed the device. Talked to Tyler and asked him if he realized these devices were being installed on private property. He stated that he did not know that. Commissioner Sorrelli -You are saying that the water pressure has only been a problem since the installation of the devices? Arlin Voress -Yes. Commissioner Pa lg iaro -Were the water meters installed on private property a long time ago? Arlin Voress -Probably so. My deed does not indicate an easement to the Town for the water meter. There is no grandfathering of water rights. Town Attorne,~y - My recommendation is to pass the motion so that everyone knows what the intent is. At a future time, the Commission can repeal the ordinance and adopt a new one. Town Commission Regular Minutes January 5 2010 Page 9 of 12 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) Authorizing the Mayor to Sign a Contract with Certegy for On-Line Bill Paying Services Town Mana e~ ems- At present there are two ways for our customers to pay their utility bills; either by sending a check in the mail or by coming to Town Hall and paying in person by check or cash. We would like to offer our customers a third option which is for them to have an ability to pay on-line, via the Internet, using a credit card. We have looked at a variety of third party vendors and it appears that the best deal (least amount of cost with the most amount of flexibility) is with a company called Certegy. There will be a cost to the Town to provide this service and the Town will pay to Certegy a monthly service fee based upon our threshold of activity. We did think for a little while about the option of passing Certegy's monthly charge to the Town back to our customers in the form of a "convenience fee" but thought that having the customers pay the "convenience fee" may actually discourage them from using this service. We want to encourage our customers to pay their bills on-line rather than discourage them. We believe that this new service for our customers will be a nice enhancement, and we also believe that the Certegy product is a good one. However, if things do not work out well with Certegy, there is a simple 30 day termination clause available to us. Mayor Newill -Town Attorney have you reviewed the contract? Town Attorney Sliney - Found the contract very confusing, but there is a 30-day opt out clause. Commissioner Sorrelli -Have you investigated other towns? Mana eg r Su e~ -Other towns have on-line payment options, but not with Certegy. We would be there first customer in Florida. MOTION: Vice Mayor Zwick moved to authorize the Mayor to sign a contract with Certegy for on-line bill paying services; 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 January 5 2010 Page 10 of 12 C) Authorizing the Mayor to Sign a Contract with Susan Bucher, Palm Beach County Supervisor of Elections for the March 9, 2010 Highland Beach Municipal Election Town Mana eg r Su eg rman - In the past, the relationship between the Supervisor of Elections office and the municipalities, as to the conducting of elections, was open-ended. Susan Bucher, the new Supervisor of Elections is now requiring a formal contract. Over the course of the past few months a standard contract between her office and the municipalities has been negotiated. The groups that negotiated this agreement with her office included the Palm Beach County League of Cities, the Palm Beach County Clerk's Association and the Palm Beach County City Manager's Association. The proposed agreement spells out the roles and responsibilities of the Supervisor of Elections and the local jurisdiction. I'm not making a value judgment here about this portion of the agreement, except to say that it is apparent that the municipalities will be paying considerable more for elections in the future, compared to what we have paid in the past. If we choose not to enter into an agreement with the Supervisor of Elections, we would have to conduct the election on our own. That would mean that we would have to buy all of the polling equipment and all of the materials associated with conducting the election. Town Attorney Slinev - I have reviewed the contract and would recommend signing it. MOTION: Commissioner Sorrelli moved to authorize the Mayor to sign and agreement with the Palm Beach County Supervisor of Elections; seconded by Commissioner Pagliaro. ROLL CALL: Commissioner Sorrelli - Yes Commissioner Pagliaro - Yes Commissioner Trinley - Yes Vice Mayor Zwick - Yes Mayor Newill - Yes Motion passed with a 5-0 vote. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Minutes November 24, 2009 -Workshop Meeting December 1, 2009 -Regular Meeting Manor Newill asked for any omissions or corrections. Town Clerk Brown stated that a resident advised her that a correction should be made on page 2 of the 11/24/09 minutes, but I will need to listen to the tape to confirm the correction. Town Attorney Slinev -stated that the minutes could be approved and the Clerk could come back to the Commission if after listening to the tape there is an actual correction. Town Commission Regular Minutes January 5 2010 Pale 11 of 12 MOTION: Commissioner Trinlev moved to approve the minutes as presented; seconded by Commissioner Sorrelli. A voice vote was taken with all in favor. 8. REPORTS -TOWN COMMISSION Commissioner John Pagliaro - No Report. Commissioner John Sorrelli - Is the contractor's sign allowed? Town Mana e~ r Su eg rman - They are permitted and required under Federal law. Their permit needs to be posted; all information required under the Baker-Davis Act needs to be posted, along with any notices to employees working for this contractor. They are also paying rent for the use of that property. Comm. Sorrelli -Why are the pipes dropped all over the place? Mana er Su eg rman -The pipes are in the public right-of--way. Comm. Sorrelli - Is anything being done about the mail box in front of Town Hall? Mana ea~Lr Su eg rman -Anew mail box was installed today, but it does not have a snorkel. Snorkel's are on back order and one will be installed as soon as they become available. For the time being, patrons will have to get out of their vehicle to put the mail in the slot. Commissioner Trinlev - No Report. Vice Mayor Zwick - No Report. Mayor Newill - As you all are aware, I am a strong believer in home rule. The County has recently adopted their own ethics rules and regulations. There is no doubt in my mind that they will be asking all the municipalities in the county to adopt their rules and regulations. I would like to see Highland Beach adopt their own rules and enforcement. I have asked the Town Manager to do some preliminary investigation, but do not want him to go any further if the Commission is not in agreement. Unanimous opinion by Town Commission to pursue ethics rules and regulations for Highland Beach. 9. REPORTS -TOWN ATTORNEY No Report. 10. REPORTS -TOWN MANAGER No Report. 11. CONSENT AGENDA None Town Commission Regular Minutes January 5, 2010 Page 12 of 12 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht -Boca Highlands 1) Milani Park - my investigation has indicated that the Park has been shelved by the County. If the Town is spending a lot of money on this lawsuit then you should also shelve it. 2) I was previously president of the Board of Elections in my prior county. Hearing what the Supervisor of Elections is going to charge, it is not unreasonable and worth the money. 3) Wish the Commission would re-consider out-sourcing. Know you have signed contracts, but we are now seeing the problems that out-sourcing is creating. It just seems to me we are losing. Wish you would take another look at this. 4) The problem with this backflow prevention devices, looks likes a lawyers dream. Feel you ought to go slow. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Regular Meeting at 3:50 PM upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Pa liaro. APPROVED: Jim ~Qewill, CPA, Mayor Miri S. Zwic , Vi ayor Dori M. Trinley, Commissioner ATTEST: Beverly M. B wn, M C Date