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2007.07.31_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP Tuesday, July 31, 2007 1:30 P.M. Mayor Harold R. Hagelmann called the Workshop to order in Commission Chambers at 1:30 P.M. CALL TO ORDER: Roll Call: Members present: Mayor Harold R. Hagelmann; Vice Mayor Joseph J. Asselta; Commissioner Miriam S. Zwick; Commissioner Jim Newill, CPA; and Commissioner Doris Trinley. Also present: Town Attorney Thomas E. 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. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA Town Manager Sugerman introduced Zoie Burgess the recently hired Assistant to the Town Manager and welcomed back after surgery Chief Angelillo. 2. PUBLIC COMMENTS AND REQUESTS Joe Yucht — Boca Highlands — Does not feel the Commission is representing the best interests of the residents of Highland Beach. We have the only fire house without a traffic light. Resolution #835 specifies that each Board and Commission will have a representative attend the Commissions' Regular Monthly Meeting. This is not happening. When are you going to enforce it? Commissioner Trinley — Served the Town of Highland Beach as Town Clerk for eighteen years. During all that time, not either one of the two Fire Chiefs championed the cause to have a light installed in front of the fire house. Mayor Ha elg mann — When the Town negotiated with Delray Fire Rescue, there was a flashing yellow light in front of the fire house. Town Commission Workshop Minutes July 31, 2007 Pa eg 2 of 7 Rachael Scala-Pistone — 2917 S. Ocean Blvd. — Mary McCarty approved $72,000 in discretionary funds towards flashing lights installed at cross walks in Highland Beach. When not all the money was used, it was directed towards the flashing light in front of the fire station. Now I understand some of the condos want to have these flashing lights installed since the money will not be used for the flashing light. Commissioner Zwick — When Commissioner McCarty made these monies available, all the condos were notified that it was available. Only one condo took advantage of it. Now the FDOT will not issue any more permits for flashing crossing lights on AIA. Town Manager Sugerman gave a brief history of the money, FDOT survey, and the problems they have with the flashing yellow lights on AIA. 3. PRESENTATIONS: None. 4. BOARDS AND COMMITTEES A) Board Correspondence — • Cultural Board Vacancies Chairman Emily Firtell stated that originally there were three applicants for the two vacancies on the Cultural Board. Since the interviews, Marian Franklin has found it necessary to withdraw her name. Both candidates are enthusiastic, and will be a positive addition to the activities sponsored by the Cultural Board. The Board recommends the appointment of Myrna Resnick and Sheila Kallman to the Board. Myrna Resnick and Sheila Kallman introduced themselves and stated their qualifications and reasons for applying for the position. • Beaches and Shores Advisory Board Vacancy Chairman Lucy Miller stated the entire Beaches and Shores Board interviewed the four candidates as they all were well qualified. The Board recommends the appointment of Beverly Knight, but would like to see the balance of the three applicants remain in the Talent Bank for future appointment. Beverly Knight gave a brief synopsis of her history working with this Board and as part of turtle patrol. Mayor Hagelmann stated that these three appointments would be included on the "Consent Agenda" for the Regular Meeting of the 7`h. Commissioner Newill requested that all Talent Bank applicants be invited to the Commission Meeting as the appointment is made by the Commission not by the Advisory Boards. Chairman Miller questioned the need for the recommendation of the Board if the Commission did not have to accept their recommendation. Town Commission Workshop Minutes July 31, 2007 Pa eg 3 of 7 B) Board Action Report None C) Board Vacancies — • One (1) Board of Adjustment; Two (2) on Cultural Board; One (1) Beaches and Shores Advisory Board The appointments to the Cultural Board and Beaches and Shores Advisory Board will be included on the "Consent Agenda" at the next meeting. D) Monthly Board Meetings • Planning Board — August 8th — Regular — 9:30 A.M • Beaches & Shores Advisory — August 14th — Regular — 9:30 A.M • Code Enforcement Board — August 21 st — Regular - 9:30A.M. • Planning Board — August 22nd — Special — 9:30 A.M. • Cultural Advisory — August 23rd — Regular — 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS None 6. NEW BUSINESS A) Re -Authorizing the Purchase of Roll -down Shutters for the Water Treatment Plant Town Manager Su eg rman — When this item appeared on a Commission agenda in late April, the Commission questioned the gauge of the materials and the length of warranty. After research, it was determined that AAA Shutters (not the low bidder) offered a wind load of 140-150 MPH and Storm Depot only offered 140 MPH; both which meet PBC Code. AAA Shutters offered a 10 year warranty on the panels and Storm Depot only a 5 year warranty. As it turns out, AAA Shutters was not able to obtain a building permit as the company's "qualifier" passed away, and they lost their general contractor permit to install storm shutters. Jack Lee is now recommending that we go with the low bidder Florida Storm Depot. They are licensed and insured and Bob Dawson has reviewed their engineering drawings and has found them acceptable. Commission did not have any objections moving the item to the "Consent Agenda" at the August 7d' Regular Meeting. B) Authorizing the Mayor to Sign Change Order #2 — TLC Diversified Town Mana e¢ r Su eg rman — TLC Diversified is the general contractor that is doing the Reliability ` Improvement Project at the water treatment plant. We had to ask TLC Diversified to delay some �"' of their work while we completed the installation of Well #8 with the other contractor, Florida Town Commission Workshop Minutes July 31, 2007 Page 4 of 7 Design Drilling. Because the completion of Well #8 was delayed due to issues such as the well wall collapse from sand infiltration, cementing of the well walls and acidization, TLC could not do their tie-in when originally planned. The delay with the completion of Well #8 was approximately 60 days and TLC should not be punished. Note that there is a liquidated cost penalty in their contract. They are not asking for any additional money, and the change order only extends the contract by 54 days. Commission did not have any objections moving the item to the "Consent Agenda" at the August 7 t Regular Meeting. Q Authorizing the Purchase of Replacement Membrane Feed Pump Motors for the Reverse Osmosis Water Treatment Plant Public Works Director Jack Lee - We have had problems with the motors on our Membrane Feed Pumps burning up in the R.O. Plant. These are the motors which push the water through the membranes. Four motors have failed within the past year. After loosing the 2nd motor, staff began investigating the failures and found out that the motors that "CH2MHILL" originally specified for the Membrane Feed Pumps were WP -1 motors. Unfortunately, these WP -1 motors will not hold up in the corrosive atmosphere that is present inside the membrane process area. Our current engineers have suggested that we replace all four motors with Totally Enclosed Fan Cooled TEFC Inverter Type Corrosion Duty Motors. These TEFC motors are used in applications where corrosion from hydrogen sulfide gas or salt air is a problem. Although these motors are located inside the water plant, the process area has large exhaust fans that remove hydrogen sulfide gas from the building. In the process of expelling the gas through the roof, the exhaust fans are pulling in salt air from the outside. We cannot shut off the exhaust fans because hydrogen sulfide is just as corrosive as the salt air. Based on the research that the staff has done and the suggestions from Globaltech, I recommend that we purchase four TEFC Inverter Type Corrosion Duty Motors at a total cost of $117,400.00. Commissioner Newill — Do we have any recourse from the original design engineer? Director Lee — The original engineers were "CH2MHILL" and they will probably say it was part of the value engineering. They are a year and a half old and are out of warranty. Vice Mayor Asselta — How many other items are we going to have to replace? What recourse do we have? Attorney Slinev - Will look into it to see if they were negligent. Will schedule a factural review with Manager Sugerman and Director Lee and return to the Commission. Vice Mayor Asselta — Should we receive input from an attorney who specializes in product liability? Hill left us with numerous problems due to their engineering. The costs are too high for us to be continually picking them up. Attorney Slinev — Will meet to review the specs and investigate a liability attorney. Commission did not have any objections moving the item to the "Consent Agenda" at the August 7`h Regular Meeting. Town Commission Workshop Minutes July 31, 2007 Page 5 of 7 D) Approving an Additional Amount to Purchase a New Generator for Sewage Lift Stations Town Manager Sugerman — At the July P meeting, the Commission approved spending $46,805.00 for the purchase of a trailer -mounted generator to be used for power outages at our sewage lift stations. The approval was based upon a quote the Town received in March of this year. Unbeknownst to us, the supplier had a price increase between the time of their original quote and our actually placing the order. The 150 KW generator is actually going to cost us $3,164.00 more than we anticipated, but is still $5,476.00 less than the second lowest bidder. Commission did not have any objections moving the item to the "Consent Agenda" at the August 7`h Regular Meeting. 7) MISCELLANEOUS — ITEMS LEFT OVER A) Minutes — Regular Meeting — June 5, 2007 Workshop Meeting — June 26, 2007 Regular Meeting — July 3, 2007 No corrections — Minutes moved to "Consent Agenda." 8) REPORTS — TOWN COMMISSION • Commissioner Trinlev — Thank you to Town Manager Sugerman and Finance Director Stan Novak for their due diligence in the refunds on the third tier water bills. Commissioner Jim Newill, CPA — No Report • Commissioner Miriam S. Zwick — Seems we are penny wise and pound foolish when we continue to accept the low bidder on contracts. Have had nothing but problems with the low bidder on the library and water plant. The next time we go out to bid, the contracts need to be reviewed to be sure they meet the specifications. • Vice Mayor Asselta - The original plans were discussed and approved by the previous town manager with no input from the department head Police Department — We are short personnel. Based on the budget, we are short two sergeants. If we are not going to appoint anyone to sergeant lets hire two officers. Town Manager Sugerman — The Town Commission can make an adjustment to the budget. Vice Mayor Asselta — If I understand it correctly, the Police Department needs personnel desperately. Propose to the board that we make an amendment to the budget to eliminate the two unfulfilled sergeant positions and change it to officers. Commissioner Newill — Since we have an outstanding lawsuit pending on the sergeant's position, are we prohibited from eliminating the position? Town Manager Sugerman — We have fourteen sworn officers Town Commission Workshop Minutes July 31, 2007 Page 6 of 7 approved in the budget: 1 Chief; 4 Sergeants; 9 Patrol Officers. Two Sergeant positions are ON unfilled. Town Commission has the ability to add positions. Do you want to add another patrol officer and increase the department to fifteen? Vice Mayor Asselta — No. We will eliminate for now the two sergeant positions and increase the number of patrol officers to 11. Town Manager Sugerman — Will have an amendment of the budget included in the next agenda. Mayorgelmann — Thanked Stan Novak and Jack Lee for the job they do for the Town. 9. REPORTS — TOWN ATTORNEY Need to set a date to hold a "Closed -Door Shade Session" on the Officer Carl vs. Town of Highland Beach case. Need some guidance from the Commission. Will check with Rusty Roberts for his schedule and will notify the Commission of dates that he is available. Plus get the notice in the paper. Town Manager Sugerman — We have a clock running and it runs out on September 15`. Vice Mayor Asselta — An "Executive Session" does not need notice. Manager Sugerman — That is correct, but this is a "shade session' which requires a court reporter. When the case is settled, the minutes then become public record. 10. REPORTS —TOWN MANAGER Water Fund Rebate — The initial cycle implementing the three tier system was mailed with bills totaling ten weeks rather than the norm of eight weeks. We are refunding money to customers whose tier changed during that two week time period. Florida Attorney General — Ethics and Sunshine Conference will be held at the end of September. One Commissioner has notified me that he was interested. If anyone else would like to attend, please notify me as the registration period is closing soon. Sale of Land — nothing new. 11. CONSENT AGENDA None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht — Boca Highlands — Can someone explain the article that appeared in the Sun Sentinel in reference to Milani Park. Is there an application pending before the Planning Board? Town Manager Sugerman - There is no application pending before the Planning Board. What the County did was resubmit their 2002 application. When it was sent to the Board Town Commission Workshop Minutes July 31, 2007 Page 7 of 7 of Adjustment for a variance, they argued that the variances had been issued in 2002 and time stopped because of the law suit. Our position is that the variances had expired. 13. ADJOURNMENT There being no further business to come before the Commission. Mayor Hagelmann adjourned the Workshop at 3:15 P.M. upon a MOTION by Commissioner Zwick seconded by Comm. Newill. Attesl Dater 7 40