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2006.07.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Wednesday. July 5. 2006 1:30 P.M. Mayor Harold R. Hagelmann called the Regular Meeting to order in Commission Chambers at 1:30 P.M., advising it was being held this date because the July 4th holiday fell on the first Tuesday of the month this year [Town Code Section 2.28(1)]. Town Clerk Doris Trinley called the roll. The Mayor and Commissioners Rachael Scala- Pistone, Miriam S. Zwick and Jim Newill, CPA, were present. Vice Mayor Joseph J. Asselta was absent. Town Attorney Thomas E. Sliney and Town Manager Dale S. Sugerman were also present, as were members of the general public. After roll call, the Pledge of Allegiance was given, followed by a minute of silence in honor of those service personnel who had given their lives in the line of duty. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA • Hearing no objection, Mayor Hagelmann declared the Agenda accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS Steve Golding, 1101 Highland Beach Drive, addressed a boat lift installed at Ocean Cove, which he contended was put in without a permit; he stated that when he installed his boat lift, he had to notify everyone within a 1,000-foot radius. Mr. Golding was invited to put his concerns in writing, at which time the Town Manager will look into the issue. Alan Teller, Financial Advisory Board Chair, expressed disappointment that the vacancy on that Board was not noted on the Agenda; the Town Clerk apologized for the omission. Carl Feldman, Villa Costa, had several issues: He was upset with what he perceived to be Vice Mayor Asselta's treatment of others; wondered why a new piano was being considered by the Cultural Board when a need for a piano had yet to be established, and read into the record several ads for used pianos - baby grands and Steinways included - for thousands less than what had been .proposed; indicated that it was his perception that a high bidder just had to show enthusiasm and the job was his. 3. PRESENTATIONS • NONE. • Town Commission Regular Meeting Minutes July 5, 2006 Page 2 of 5 4. BOARDS AND COMMITTEES A) BOARD CORRESPONDENCE: EMILY FIRTELL, CULTURAL BOARD CHAIR. The Mayor advised that the Cultural Board Chair had just returned from Europe and, therefore, was not prepared to meet this Agenda; she had asked to be put on the August 1 Regular Meeting Agenda. B) BOARD VACANCIES: ONE (1) ON BOARD OF ADJUSTMENT; ONE (1) ON CODE ENFORCEMENT BOARD. Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER NEWILL, Martin Sahn was reappointed to a 3-year term on the Code Enforcement Board. The Commission did not address the vacancy on the Board of Adjustment. C) BOARD ACTION REPORT. Received as information. • D) MONTHLY BOARD MEETINGS: Read into the record by the Mayor. Planning Board Regular - 7/12/06 - 9:30 A.M. Board of Adjustment -Public Hearing - 7/10/06 - 9:30 A.M. Code Enforcement Board -Quarterly - 7/19/06 - 9:30 A.M. Financial Advisory Board - 7/13/06 - 2:00 P.M. Beaches & Shores Advisory Regular - 7/11/06 - 9:30 A.M. Cultural Board Regular -Workshop - 7/6/06 - 9:30 A.M.; Regular - 7/27/06 - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS NONE. 6. NEW BUSINESS (1) AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH PALM BEACH COUNTY FOR FUNDING OF CULTURAL CENTER ART SUPPLIES AND EQUIPMENT. This agreement was for $2500 in reimbursable funds to be used for art supplies and equipment. It was approved upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE, followed by unanimous favorable vote. • Town Commission Regular Meeting Agenda July 5, 2006 Page 3 of 5 6. NEW BUSINESS (continued) (2) APPOINTING A DELEGATE TO THE 2006 FLORIDA LEAGUE OF CITIES ANNUAL MEETING. This became anon-issue when it was determined that none of the Commission members were interested in attending. Commissioner Newill pointed out that their schedule of sessions was so vague he could not ascertain if they would apply to the Town's interests or not; therefore, he didn't want to use taxpayer monies for what might turn out to be a worthless endeavor. (3) APPROVING THE PURCHASE OF A CALCIUM CARBONATE SYSTEM FOR THE R.O. WATER TREATMENT PLANT. Public Works Director Jack Lee spoke to the favorable technical aspects of such a system; he said it would allow for increasing the hardness of the water, as well as allow it to be stabilized; also, the pipes would be provided with a protective coating. Mr. Lee favored the low bid, Astral Pool, and noted by eliminating a $750 per month rental COz tank, the installation of the system would save $60,000 over its life span. (Copy of • pertinent information attached hereto and made part of these Minutes) Upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER NEWILL, followed by unanimous favorable vote, the purchase of a calcium carbonate system for the R.O. water treatment plant, in the amount of approximately $32,000, which amount included an estimate for shipping, was approved. 7. MISCELLANEOUS -ITEMS LEFT OVER (1) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 4-8(C), LIGHTING RESTRICTIONS FOR PROTECTION OF SEA TURTLES. (Tabled/April 2006 Regular Meeting.) Upon MOTION by COMMISSIONER NEWILL/COMMISSIONER SCALA-PISTONE, followed by unanimous favorable vote, this proposed ordinance was removed from the table. It was given first reading by title only. Concluding discussion, and upon MOTION by COMMISSIONER ZWICK/COMMISSIONER NEWILL, followed by unanimous favorable vote, the dates for lights out for turtles was approved from March 1 to October 31, with further amendment to the times for lights out being set as "dusk to dawn" in keeping with • the county ordinance. After publication, the proposed ordinance, with the further amendment, will be given second reading and considered for adoption at the August 1 Regular Meeting. • Town Commission Regular Meeting Minutes July 5. 2006 Page 4 of 5 7. MISCELLANEOUS -ITEMS LEFT OVER (continued) (2) MINUTES FOR APPROVAL: The following sets of Minutes were unanimously approved upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK: MAY 30, 2006 WORKSHOP JUNE 6, 2006 REGULAR 8. REPORTS -TOWN COMMISSION Commissioner Jim Newill, CPA, advised that most of the feedback he had received regarding the possible purchase of a piano from Steinway Galleries for $19,000 was negative. Commissioner Miriam S. Zwick had no report. Commissioner Rachael Scala-Pistone report centered on Town Code 2-28(13) • (reconsideration of a vote), and noted that since Commissioner Newill's request for reconsideration of his vote pertaining to the Historic Shoreline Survey (June 6 Regular Meeting) was defeated by a 2-2 vote, he was not given the opportunity to change his vote. Some Discussion took place as to what would be the "prevailing side" on a 2-2 vote; it was agreed that it would be the negative side since the issue would be defeated. Mayor Hagelmann acknowledged Commissioner Scala-Pistone's memorandum to Attorney Sliney regarding Rule 13, and thus said he would not address the Town's participation in the Municipal Underground Utility Consortium at the August 1 Regular Meeting. (Copy of Commissioner Scala-Pistone;s memo attached to and made part of these Minutes) Vice Mayor Joseph J. Asselta was absent. Mayor Harold R. Hagelmann had no report. 9. REPORTS -TOWN ATTORNEY Town Attorney Thomas E. Sliney, suggesting that it might be advantageous for the Cultural Board and the Town if the Board operated as a separate non-profit organization, said he would prepare a memorandum for discussion purposes. • 10. REPORTS -TOWN MANAGER Town Manager Dale S. Sugarman had no report. Town Commission Regular Meeting Minutes July 5, 2006 Page 5 of 5 11. CONSENT AGENDA NONE. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht, Boca Hi, referring to the discussion on the reconsideration of a vote, reiterated his disdain for Roberts Rules of Order. 13. ADJOURNMENT There being no further business to come before the Commission at this time, Mayor Hagelmann adjourned the Regular Meeting at 2:40 P.M., upon MOTION by COMMISSIONER NEWILL/COMMISSIONER ZWICK. dmt APPROVE: R. Hage~bann, Mayor -A SENT ~~ Vie ay o e h J. Asselta Rachael Scala-Pistone, Commissioner iril~ll am S. er Attest: ~~ ~, Date: ,u-~-~ Z ~ ~ ° ~ Jim Null, CPA, Commissioner