2009.07.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, July 7, 2009 1:30 P.M.
Mayor Jim Newill, CPA called the Regular Meeting to order in Commission Chambers at 1:30
P.M.
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 moment of silence in
honor of members of the military, both living and deceased.
Civility Pledge: Town Clerk Brown recited the Civility Pledge for the Commission and public.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
Town Manager Su eg rman took a moment of personal privilege and re -introduced Heidi
Schneider of Government Services Group who will temporarily be replacing Jon Williams as
Finance Director.
2. PUBLIC COMMENTS AND REQUESTS
Elizabeth Susskind — 2629 S. Ocean Blvd., Byrd Beach Estates
I am a long time resident of Highland Beach, and the last 13 years as a resident of Byrd
Beach Estates. In the 13 years I have lived in Byrd Beach Estates, the development has
never been finished. There is no approved site plan on file, and both zoning and fire issues
need to be addressed. Section 7.4 of the Code of Ordinances states that the Town Commission
is responsible for zoning issues. We reside in three story houses with impact windows that
ladder trucks have no access to. We are not asking the Commission for immediate answers,
but we want you to pay attention and address our concerns.
John Caldwell — 2635 S. Ocean Blvd., Byrd Beach Estates
I have been a resident of Byrd Beach Estates for nine years. This development has been a
construction site that entire time. I pay over $200,000 in taxes a year and would like the
Commission to take an interest in our concerns.
Town Commission Minutes
July 7, 2009 Page 2 of 6
3.
None
4. BOARDS AND COMMITTEES
A) Board Correspondence
Cultural Board Meeting
Mayor Newill - stated that he and the Town Manager met with the Chairman of the
Cultural Board, and she was quite astonished that we had concerns about the Board's
ability in the future handling of the "Light Up the Holidays" festivities. The reason for
the cancellations of meetings was due to illness. Will meet with other members of the
Board and see if they are still interested in serving. Stated she is a resident of Highland
Beach.
Commissioner Triple v — Has the Cultural Board submitted a budget this year? Town
Manager Su eg rman — I have not seen one in two years. Comm. Trinlev — Do they
receive money form the Town? Reply — No, they have their own money. Comm.
Trinlev — Did they solicit funds this past year? Reply — Yes. Their balance is about
$11,000.00.
Consensus was to wait and receive a report from Chairman Firtell.
B) Board Action Report
Read into the record by Town Clerk Brown.
C) Board Vacancies
• Cultural Advisory Board — One Full Term (7/12)
• Cultural Advisory Board — One Unexpired Term (5/11)
• Cultural Advisory Board —One Unexpired Term (11/11)
D) Monthly Board Meetings — read into the record by Town Clerk Brown.
• Planning Board — July 8h Regular — 9:30 A.M.
• Beaches & Shores Advisory — July 14'h — Regular — 9:30 A.M.
• Board of Adjustment — July 21" — Regular — 9:30 A.M.
• Cultural Advisory — July 23rd — Regular — 9:30 A.M.
5 PROPOSED ORDINANCES AND RESOLUTIONS
A) RESOLUTION NO. 09-008 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF HIGHLAND BEACH, FLORIDA, RELATING TO THE STATE
REVOLVING LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING
THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT;
ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED
Town Commission Minutes
July 7, 2009 Page 3 of 6
6.
REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR
CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
Town Clerk Brown read Resolution No. 09-008 R into the record.
Town Manager Su eg rman — This Resolution gives authorization for the Mayor to provide the
assurances and commitments for the "State Revolving Fund Drinking Water Facilities Loan
Application" We were notified yesterday that the interest rate will be 2.82%.
MOTION: Commissioner Sorrelli moved to adopt Resolution No. 09-008 R; seconded by
Commissioner Pagliaro.
ROLL CALL:
Commissioner Sorrelli -
Yes
Commissioner Pagliaro -
Yes
Commissioner Trinley -
Yes
Vice Mayor Zwick -
Yes
Mayor Newill -
Yes
Commissioner Pagliaro — What is the time line with this project? Town Manager Su eg rman — We
will be submitting the application tomorrow; within 45 days we will be awarding the contract; the
contract specifies a ten month construction time line. The terms of the revolving loan require us to
pay the construction costs first and then submit the invoices for reimbursement. During the mid-
year budget transfers, money was transferred out of reserves to cover these costs and will be
returned upon reimbursement from the revolving loan.
Commissioner Pagliaro — Has a contractor been determined yet? Town Manager Sugerman — We
are still analyzing the twelve bids received. I will have a report for the July workshop meeting so
that the Commission can award the contract in August.
None
7. MISCELLANEOUS — ITEMS LEFT OVER
L=1Z
8. REPORTS — TOWN COMMISSION
Commissioner Pagliaro — No Report.
Commissioner Sorrelli — No Report.
Commissioner Trinley — No Report
Town Commission Minutes
July 7, 2009 Page 4 of 6
Vice Mayor Zwick — Would like to request that the Commission reverse the times of the two
budget hearings in August. Scheduling the August 6h at 4:30 PM and the August 18`" at 1:30
PM. Commission agreed by consensus.
Mayor Newill — I have a flight to Pennsylvania at noon next Tuesday and will be unable to
attend the special meeting.
9. REPORTS — TOWN ATTORNEY
No Report.
10. REPORTS — TOWN MANAGER
A Special Meeting is scheduled for July 14th at 1:30 P.M. to set the tentative millage rate.
The meeting will not be long. Setting the maximum tentative millage rate does not mean that
it will be the final millage rate. hi addition, we need to set the dates for a Special Meeting(s)
to adopt the final millage rate. These meetings cannot be scheduled on the same dates as the
school board or county commission or any time sooner than 5:00 PM.
MOTION : Commissioner Sorrelli moved to change the Special Meeting setting the
tentative millage rate to July 14, 2009 at 9:00 A.M.; seconded by Commissioner Pa lg iaro.
A voice vote was taken with all in favor.
Motion passes with a 5-0 vote.
MOTION: Commissioner Pa lg iaro moved to change the time of the Town Commission
Regular Meeting of September 1, 2009 to 3:30 pm; seconded by Commissioner Sorrelli.
A voice vote was taken with all in favor.
Motion passes with a 5-0 vote.
MOTION: Vice Mayor Zwick moved to schedule a special meeting on September 1, 2009
at 5:01 PM for the first reading of the proposed millage rate for Fiscal Year 2009-2010 and
the fust reading of the proposed budget for Fiscal Year 2009-2010; seconded by
Commissioner Pa lg iaro.
A voice vote was taken with all in favor.
Motion passes with a 5-0 vote.
Please note these motions were withdrawn and additional motions made during the
Public Comments section of the agenda.
Town Commission Minutes
July 7, 2009 Page 5 of 6
11. CONSENT AGENDA:
A) Designating Beverly Knight as the Beaches and Shores Advisory Board's Liaison to
the Sea Turtle Program
B) Appointment of Barbara Zeeman to the Beaches & Shores Advisory Board for the
balance of a one-year unexpired term (07/07/09 - 08/31/11)
C) Awarding a Sole Source Contract to Atlantic Environmental Systems, Inc. in an
Amount not to exceed $18,890.00 for Repairs to the Motor in Well #8
D) Minutes
May 26, 2009 — Workshop Meeting
Jun 2, 2009 - Regular Meeting
Mayor Newill asked if anyone would like to remove any item from the Consent Agenda?
MOTION: Commissioner Trinley moved to approve the Consent Agenda; seconded by
Vice Mayor Zwick.
ROLL CALL:
Commissioner Trinley - Yes
Vice Mayor Zwick - Yes
Commissioner Pagliaro - Yes
Commissioner Sorrelli - Yes
Mayor Newill - Yes
Motion passes with a 5-0 vote.
12) PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Brandon Caldwell 2635 S. Ocean Blvd.
In regard to Byrd Beach Estates, we are concerned that the chain of command as specified in
the Code of Ordinances is not being followed. Safety for our families is our main concern.
Elizabeth Susskind - 2629 S. Ocean Blvd.
I agree with what Mr. Caldwell just said in regards to safety. In addition, I think the wording
in the transmittal form from the Planning Board is vague. The Building Inspector and the Fire
Department also agree. The Byrd Beach Property Owners Association will officially be
contesting the decision.
Town Manager Sugerman - The Florida Legislature has passed legislation stating that budget
hearings cannot be held prior to September 3'a and not later than September 18a'. In addition,
they must be held after 5:00 PM.
Town Commission Minutes
July 7 2009 Page 6 of 6
MOTION: Vice Mayor Zwick moved to hold the regularly scheduled meeting of September
1, 2009 at 1:30 P.M.; seconded by Commissioner Sorrelli.
A voice vote was taken with all in favor.
Motion passes with a 5-0 vote.
MOTION: Vice Mayor Zwick moved to schedule a special meeting on September 3, 2009
at 5:01 PM for the fust reading of the proposed millage rate for Fiscal Year 2009-2010 and
the first reading of the proposed budget for Fiscal year 2009-2010; seconded by
Commissioner Pa lg iaro.
A voice vote was taken with all in favor.
Motion passes with a 5-0 vote.
13) ADJOURNMENT
There being no further business to come before the Commission, Mayor Newill adjourned
the Regular Meeting at 2:15 P.M. upon a MOTION by Vice Mayor Zwick and
seconded by Commissioner Pa¢liaro.
ATTEST:
Be rly M. Br wn, M . C
Town Clerk
Date
APPROVE
i
Jim Ne ill, CPA, Mayor