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2007.11.06_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, November 6, 2007 1:30 P.M. Mayor Harold R. Hagelmann called the Regular Meeting 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 M. Trinley. 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. 1, ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA ? None 2.PUBLIC COMMENTS AND REQUESTS Gerry Marshall ? 1088 Bel Lido Drive At last week?s Commission meeting, a resident spoke and was very critical of the Commission and their actions. All one has to do is think about the Palm Beach County Commission and realize that this was not an accurate statement. Would like to thank all of you for the great job you are doing. Recently contacted each one of you individually and you willingly gave me your time, were courteous and solicitous to my opinion. Thank you. Joseph Yucht ? Boca Highlands ? Once again, the agenda does not specify who is sponsoring any particular item on the agenda. Please reconsider this request. Water rates - requesting a single user rate. At last meeting, I prepared a lengthy document comparing all the rates. Condos are paying more than homeowners. The cost of water is the same. Why should condos pay more? Requesting a report on the clean-up of the mangroves at Milani Park. If you are still considering a ?Parliamentarian,? you should consider: 1) Roberts Rules of Order states the Chair will appoint the parliamentarian; 2) Appointee ? should be a professional; 3) Parameters ? how much authority will he/she have. The chair is not obligated to follow their advice; 4) What is the length of the appointment? 5) Where will the appointee sit? 6) Is this person going to be paid? It is easy to see that the intent is to curb the prerogative of the Chair. Town Commission Minutes November 6, 2007 Page 2 of 8 Rachel Scala-Pistone ? 2917 S. Ocean Boulevard Congratulate the Commission for not raising the water rates. Have spoken with Jeff Atwater about breakwater techniques. Perhaps we could set up a group discussion. Very happy to hear presentation that the Beaches and Shores Board gave last week. Happy to see you support their request to review the ordinances. As a Commissioner, worked hard to keep the beaches clean. 3.PRESENTATIONS ? None. 4. BOARDS AND COMMITTEES A) Board Correspondence ? None B) Board Action Report ? Accepted report as submitted. C) Monthly Board Meetings ? read into the record by Mayor Hagelmann ? Beaches & Shores Advisory ? Nov. 13th ? Regular ? 9:30 A.M ? Planning Board ? Nov. 14th ? Regular ? 9:30 A.M. th ? Board of Adj. & Appeals ? Quarterly/Hearing ? Nov. 15 ? 9:30 A.M. ? Code Enforcement Board ? Nov. 21st ? Regular ? 9:30 A.M. ? Cultural Board ? Nov. 14th ? Regular - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS A)The Town Clerk read the title of Ordinance No. 07-002 O on First Reading: ORDINANCE NO. 07-002 O OF THE TOWN OF HIGHLAND BEACH, FLORIDA, GRANTING TO FLORIDA POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE TOWN OF HIGHLAND BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hagelmann opened the Public Hearing. Receiving no comments closed the Public Hearing. Schedule for Second Reading at the December 4, 2007 Meeting. B)The Town Clerk read the title of Ordinance No. 07-003 O on Second Reading: ORDINANCE NO. 07-003 O OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING IN FULL THE TOWN CODE CHAPTER 29 ENTITLED ?WATER SYSTEM,? SECTION 29-10 ENTITLED ?CHARGE FOR WATER SERVICE,? AND PROVIDING FOR AN EFFECTIVE DATE. Town Commission Minutes November 6, 2007 Page 3 of 8 MOTION : Commissioner Newill moved to Table Ordinance No. 07-003 O until the Town Manager and staff can investigate funding ?a line of credit;? seconded by Commissioner Zwick. Vice Mayor Asselta stated that he would like to have discussion. Town Manager Sugerman stated ?Roberts Rules of Order? does not allow discussion on a motion to table. Comm. Newill withdrew his motion and Comm. Zwick withdrew her second. Vice Mayor Asselta ? Rather than tabling it, we should just let it die. To ?Table? would allow this same Ordinance brought back with a motion. If you allow it to ?die,? it has to be brought back with a new ordinance or some other plan. Town Attorney Sliney ? Based on what was stated at the last meeting, you would want it to die and be brought back with a substantial rewrite. The Commission would introduce a new ordinance and start the procedure all over. Vice Mayor Asselta ? We previously stated that we would produce a new ordinance, and let this particular ordinance die. Comm. Newill ? Willing to let it die, as long as we are pursuing a resolution to the deficit. We adopted a budget knowing that we needed to increase the water rates. Need a commitment from the Town Manager that he and his staff will continue working on a resolution. Manager Sugerman ? Even though the Town?s operating budget closed on 9/30/07; it does not formally close until 60 days after that date. Operating books remain open until the end of November. By the end of December, we will have a strong handle on the ?reserves.? In January, will know the amount we have in reserves and the actual amount needed to operate the water plant. The current operating budget was adopted with the assumption that we would raise the water rates. Recommend ?tabling? item because the budget relies on it. It could sit on the table until January when we will know where we stand. Comm. Newill - After listening to this discussion, feel strongly that the right thing to do is to ?table? this item. MOTION : Commissioner Newill moved to Table Ordinance No. 07-003 O; seconded by Commissioner Zwick. ROLL CALL: Commissioner Newill - Yes Commissioner Zwick - Yes Commissioner Trinley - Yes Vice Mayor Asselta - No Mayor Hagelmann - No Motion Carried by a 3-2 Vote RESOLUTION NO. 07-016 R C) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING RESOLUTION NO. 07-013 R WHICH APPROPRIATED FUNDS AND PERSONNEL FOR THE FISCAL YEAR 2007-2008, WHICH BEGAN OCTOBER 1, 2007 AND ENDS SEPTEMBER 30, 2008. Town Commission Minutes November 6, 2007 Page 4 of 8 Town Manager Sugerman ? After the 2007-2008 budget was adopted, the Commission discussed funding two additional patrol officers. This Resolution transfers $175,000 from Reserve for Contingency to the police departments? budget to cover the salary and benefits of two new patrol officers plus a vehicle. MOTION : Commissioner Newill moved to adopt Resolution No. 07-016 R; seconded by Commissioner Zwick. ROLL CALL: Commissioner Newill - Yes Commissioner Trinley - Yes Commissioner Zwick - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes Motion passed with a unanimous vote. RESOLUTION NO. 07-017 R D) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING RESOLUTION NO. 866 WHICH APPROPRIATED FUNDS FOR THE FISCAL YEAR 2006-2007, WHICH BEGAN OCTOBER 1, 2006 AND ENDED SEPTEMBER 30, 2007. Town Manager Sugerman ? The Town?s fiscal year ended on September 30, 2007, however, the books are kept open for the next 60 days to allow for any outstanding encumbrances to paid out of last year?s budget. The books are officially closed at the end of this month. As we get closer to this final closing date, we go through the budget and adjust the bottom line for any department that has overspent for the year. Each of the departments that needs to have one of these year-end adjustments has a separate sheet of explanation as to how much was overspent on any one particular item within that department. With the adoption of this Resolution, a total of $24,755 will be moved from the Reserve for Contingency into each of the four operating departments (Finance, Legal, Public Works, and Post Office). This is a budget variance equal to 0.001597%, and I consider this to be an acceptable level. Congratulations go out to Stan Novak and his staff for handling the budget so well. MOTION : Commissioner Zwick moved to adopt Resolution No. 07-017 R; seconded by Vice Mayor Asselta. ROLL CALL: Commissioner Zwick - Yes Commissioner Trinley - Yes Commissioner Newill - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes Motion passed with a unanimous vote. Town Commission Minutes November 6, 2007 Page 5 of 8 6.NEW BUSINESS ? None 7)MISCELLANEOUS ? ITEMS LEFT OVER ? Appointment of a Parliamentarian Vice Mayor Asselta requested that this item be removed from the agenda. 8) REPORTS ? TOWN COMMISSION Commissioner Trinley ? No report. Commissioner Newill - No report. Commissioner Zwick ? Wanted to commend Tony Newbold from Florida Power and Light. After I notified Mr. Newbold of the difficulties we were having in the south part of Town, he immediately scheduled an inspector to come into Highland Beach to review the trees that were leaning on the lines and disrupting the service during heavy winds and rain. I would like to publicly thank him. Newsletter ? The recently published staff newsletter was both marvelous and well prepared. Want to commend the person responsible. Manager Sugerman ? The staff newsletter is a project of Zoie Burgess, Assistant to the Town Manager. Vice Mayor Asselta ? ?Boca Helping Hands? is a charity that assists the elderly and children both in Boca and Highland Beach. The group will be accepting both food (items to go with a Thanksgiving dinner) and cash donations to assist the unfortunate during the Thanksgiving season. If the Board approves it, I would like to place a basket/box in the Town Hall to accept these donations. MOTION: Vice Mayor Asselta moved to allow a collection box in the Town Hall to collect donations for ?Boca Helping Hands;? seconded by Mayor Hagelmann. Motion unanimously approved by voice vote. MOTION: Vice Mayor Asselta moved to allow a collection box in Town Hall to accept unwrapped gifts for ?Toys for Tots;? seconded by Mayor Hagelmann. Motion unanimously approved by voice vote. Vice Mayor Asselta - Holiday Lunch ? There has been some confusion of what is taking place. Mayor Hagelmann stated that the two ladies in the Building Department were working on it and have been told to expect 50/60 people. Town Clerk Brown felt this number was too high and Town Commission Minutes November 6, 2007 Page 6 of 8 volunteered to co-ordinate with all the employees. Comm. Trinley ? She thought that they had agreed that this was to be an ?employees only? barbeque. Mayor Hagelmann - Have made arrangements with the Navy League to place bulletins in the major condo buildings in regards to ?Toys for Tots.? The Navy League will be sending two representatives to the ?Light Up the Holidays? Celebration to pick up the unwrapped toys. 9)REPORTS ? TOWN ATTORNEY No Report 10) REPORTS ? TOWN MANAGER No Report 11)CONSENT AGENDA MOTION: Commissioner Zwick moved to accept Consent Agenda Items #A, B, and C; seconded by Commissioner Newill. Motion carried by a Unanimous Voice Vote A)Board Appointment Procedures ? Revision of 10/19/07 B) Authorizing the Mayor to Sign an Agreement for Emergency Debris Removal with Phillips and Jordan, Inc. C) Minutes Workshop Meeting - September 25, 2007 Special Budget Hearing ? September 25, 2007 Regular Meeting ? October 2, 2007 12.PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Gerry Marshall ? 1088 Bel Lido Drive We are going to have an election in March. Can this ordinance be taken off the table at any time? Town Attorney Sliney ? Like any other ordinance, it will have to start with a first reading. John Rand ? 1122 Coastal Drive I thought at the last meeting it was tabled. How can this ordinance be brought up again? Town Manager Sugerman ? The first reading on this ordinance was at the October 2, 2007 Commission Meeting. At last week?s Workshop, the Commission came to the consensus that they Town Commission Minutes November 6, 2007 Page 7 of 8 would not go forward with this ordinance. At the beginning of this meeting, the Commission voted to table the ordinance. Any modification of this ordinance will require that it start all over. Vice Mayor Asselta ? I am concerned over the make up of the Board after the March election. Attorney Sliney ? My opinion is to keep things simple. When this ordinance comes up again, it will start from scratch. Comm. Zwick ? If we let it die, will we be affecting the budget? Town Attorney Sliney ? Previously did not make a point of it, since it will have substantial changes to it when it comes back. Manager Sugerman ? For it to come off the table, it would have to be the same ordinance. Comm. Zwick ? I voted in favor of the motion, and would like to return to that motion. MOTION: Commissioner Zwick moved to take Ordinance No. 07-003 O off the Table; seconded by Vice Mayor Asselta. ROLL CALL: Commissioner Zwick - Yes Commissioner Trinley - No Commissioner Newill - No Vice Mayor Asselta - Yes Mayor Hagelmann - Yes Mayor Hagelmann opened the Public Hearing on Ordinance No. 07-003 O. Receiving no comments, the Public Hearing was closed. MOTION: Vice Mayor Asselta moved to adopt Ordinance No. 07-003 O on Second and Final Reading; seconded by Commissioner Zwick. Comm. Newill stated that without this ordinance, the water department will be running in a deficit. Manager Sugerman ? Correct. Not right at this moment, but in the future. In another 60 or 90 days, the Commission will have to authorize funding for this account. Vice Mayor Asselta ? Would rather have a temporary deficit and vote to transfer funds when the need arises. Comm. Newill ? This will be fiscal irresponsibility. ROLL CAL: L Commissioner Trinley - No Commissioner Newill - No Commissioner Zwick - No Vice Mayor Asselta - No Mayor Hagelmann - No Public Comments Continued: Joe Yucht ? Boca Highlands Listening to you debate; amazes me how little you people know. You are not under any gun to increase rates. Town Commission Minutes November 6, 2007 Page 8 of 8 Vice Mayor Asselta ? No criticism was warranted. Another example of wrong criticism of the Commissioner. Mayor Hagelmann ? Any resident can have a say. 13.ADJOURNMENT There being no further business to come before the Commission. Mayor Hagelnann adjourned MOTION the Regular Meeting at 3:00 P.M. upon a by Commissioner Zwick seconded by Commissioner Newill. APPROVE: __________________________________________ Harold R. Hagelmann, Mayor __________________________________________ Joseph J. Asselta, Vice Mayor __________________________________________ Miriam S. Zwick, Commissioner __________________________________________ Jim Newill, CPA, Commissioner _________________________________________ Doris M. Trinley, Commissioner ATTEST: ____________________________ Beverly M. Brown, MMC, Town Clerk Date: _______________________