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2006.09.05_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday September 5 2006 1:30 P.M. Mayor Harold R. Hagelmann called the Regular Meeting to order in Commission Chambers at 1:30 P.M. Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Joseph J. Asselta, and Commissioners Rachael Scala-Pistone, Miriam S. Zwick and Jim Newill, CPA, were present. 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 for the nation's military personnel Before addressing the Agenda, Police Chief Glenn F. Goss led a promotion recognition ceremony honoring Officer Eric Lundberg, who had been appointed to the rank of Sergeant by Chief Goss and Town Manager Sugerman. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Hearing no objection, Mayor Hagelmann declared the Agenda amended to include a presentation by Building Official, Bob Dawson, regarding the Evaluation and Appraisal Report of the Town's Comprehensive Plan. 2. PUBLIC COMMENTS AND REQUESTS Joe Yucht, Boca Highland, gave an update on the Milani case against Boca Highlands, saying the trial was now set for September 19. 3. PRESENTATIONS Building Official, Bob Dawson, presented a draft "Letter of Understanding" addressed to the Department of Community Affairs regarding the scope of work to be accomplished under the Town's Evaluation and Appraisal Report of its Comprehensive Plan. After some discussion, and upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE, the letter was unanimously approved for transmittal to the DCA. (Copy attached to and made part of these Minutes.) • Town Commission Regular Meeting Minutes September 5 2006 Paae 2 of 6 4. BOARDS AND COMMITTEES A) BOARD CORRESPONDENCE: NONE. B) BOARD VACANCIES: ONE (1) ON BOARD OF ADJUSTMENT; ONE (1) ON CODE ENFORCEMENT BOARD; ONE (1) ON PLANNING BOARD; ONE (1) ON FINANCIAL BOARD. Upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK, Tony Ruotolo was appointed to the Board of Adjustment fora 3-year term, and Marie Marchasani was appointed to the Planning Board fora 3-year term. Vacancies on the Code Enforcement Board and Financial Advisory Board were not addressed. C) BOARD ACTION REPORT. Received as information. D) MONTHLY BOARD MEETINGS: The following September meetings were read into the record by Mayor Hagelmann. Planning Board Regular - 9/13/06 - 9:30 A.M. Board of Adjustment -None Scheduled. Code Enforcement Board -None Scheduled. Financial Advisory Board -None Scheduled. Beaches & Shores Advisory Regular - 9/12/06 - 9:30 A.M. Cultural Board Regular -Regular - 9/28/06 - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS (1) AN ORDINANCE AMENDING CHAPTER 6, BUILDINGS AND STRUCTURES, OF THE CODE OF ORDINANCES OF THE .TOWN OF HIGHLAND BEACH. (first reading) Bob Dawson, Building Official, spoke to some aspects of the amending ordinance to Chapter 6, Buildings and Structures, mainly focusing on permitting fees based on value of the job. Mr. Dawson advised that he would look at the contract to determine the the retail value of the job, thus ensuring that the fee imposed was fair and accurate. Because the amendment virtually "guts" the existing Chapter 6, the Town Manager again encouraged the members to study the proposed amending ordinance carefully; noting • there would be a chance for discussion/comments/questions at the September 26 Town Commission Regular Meeting Agenda September 5, 2006 Page 3 of 6 5. PROPOSED ORDINANCES AND RESOLUTIONS (continued) Workshop and the October 3 Regular Meeting. (Copy of proposed amending ordinance attached to and made part of these Minutes.) (2) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ESTABLISHING A MONEY PURCHASE RETIREMENT PLAN FOR EMPLOYEES, TO BE ADMINISTERED BY THE ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST. Town Manager Sugerman advised that the addition of this savings plan, 401(a) Money Purchase Plan, would be strictly voluntary on any interested employee's part, with the Town not matching funds or participating in any monetary way. Mr. Sugerman further advised that participation in the plan would not preclude participation in any of the other Town savings plans; however, once an employee opted to partake in this 401(a), there was no "opting out." After some discussion, this proposed resolution was unanimously approved upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK. (Copy of Resolution attached to and made part of these Minutes.) 6. NEW BUSINESS 1) APPROVAL OF PAYMENT OF THE ANNUAL BILL SUBMITTED BY THE PALM BEACH COUNTY SHERIFF'S OFFICE FOR DISPATCH SERVICES. During discussion it was determined that the Palm Beach County Sheriffs Office dispatch services were the most cost effective available; therefore, upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER NEWILL, followed by unanimous favorable vote, the Town Manager was requested to submit their annual bill for dispatch services to the Finance Department for payment. 2) AUTHORIZATION FOR THE MAYOR TO SIGN A REPRESENTATION LETTER RE DISPUTE WITH PALM BEACH COUNTY PERTAINING TO DOUBLE TAXATION ASSOCIATED WITH FIRE/RESCUE DISPATCH EXPENSES. The Town Manager explained that signing the representation letter would allow the Town, which contracts with Delray Beach for fire/rescue services, to join forces with Boca Raton and Delray Beach, both of which have their own fire/rescue personnel, to join in the dispute with the County, which adds a small amount for their fire/rescue services to the tax bills, thus creating double taxation. Mr. Sugerman further explained that there will be no charge to the Town for joining this effort. • Town Commission Regular Meeting Minutes September 5. 2006 Page 4 of 6 6. NEW BUSINESS (continued) After some discussion, and upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, followed by unanimous favorable vote, the Mayor was authorized to sign the representation letter. 3) DISCUSSION RE USE OF TOWN SEAL ON THE BEL LIDO PROPERTY OWNERS ASSOCIATION FLAG. In response to the Bel Lido Property Owners Association request, and upon MOTION by VICE MAYOR ASELTA/COMMISSIONER ZWICK, the Association was granted permission to use the Town Seal on a flag to be flown at the entrance to the island. 7. MISCELLANEOUS -ITEMS LEFT OVER 1) DISCUSSION RE PURCHASE OF A PIANO FOR THE LIBRARY. Lengthy discussion took place regarding this issue, which had been previously debated at the August 29 Workshop. All Commission members held to their opinions stated at that time. During discussion this date it was noted that the piano would belong to the Town of Highland Beach and, if possible, the Cultura{ Board would contribute half the cost of $12,100 by repaying the Town $2,000.00 for three (3) years; it was also noted that it would not be a good idea to move the instrument about the library, but have it remain permanently in the community room. In conclusion, MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, was follows: Town Manager Sugerman is authorized to purchase from Steinway Gallery a Boston Baby Grand Piano for the reduced cost of $12,100, and it will be between the Town and the Cultural Board as to whether the $2,000.00 for three (3) years is forthcoming. Roll Call vote was as follows: Commissioner Newill - No Commissioner Zwick -Yes Commissioner Scala-Pistone -Yes Vice Mayor Asselta -Yes Mayor Hagelmann -Yes • Town Commission Regular Meeting Minutes September 5, 2006 Page 5 of 6 . 7. MISCELLANEOUS -ITEMS LEFT OVER Upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK, the following sets of Minutes were unanimously approved: JULY 25, 2006 SPECIAL MEETING (TERM LIMITS} JULY 25 WORKSHOP AUGUST 1, REGULAR MEETING AUGUST 7, 2006 SPECIAL MEETING (TERM LIMITS) AUGUST 9, 2006 SPECIAL WORKSHOP (2006/2007 BUDGET) 8. REPORTS -TOWN COMMISSION Commissioner Jim Newill, CPA, had no report. Commissioner Miriam S. Zwick referred to the celebratory American flag flown over the U.S. Capitol on the 4th of July, which in turn was sent to the Town by U.S. Congressman E. Clay Shaw. The Commissioner suggested that, rather than be flown at Town Hall and be subjected to the elements, the flag be encased in glass and placed in the History Room of the Library. The members unanimously agreed with the Commissioner's suggestion. Commissioner Rachael Scala-Pistone spoke to the need to free up parking when construction on well #8 begins, again suggesting that employees park in the St. Lucy lot during that time. Vice Mayor Joseph J. Asselta said he agreed with Commissioner Scala-Pistone, citing the parking problems during today's rain-soaked Primary voting (November 7 General Election) in the Library Community Room. In this regard, the Vice Mayor suggested that the equipment garage not be built as two (2) permanent library spaces would be lost; he suggested the backhoe/forklift, et al, be stored behind the fire house and protected with canvas. Mayor Harold R. Hagelmann advised that Father Gerald Grace, Pastor of St. Lucy's, had told him that parking in that lot would always be available to the Town as long as it did not interfere with a parish event. The Mayor also advised that he supported the building of the equipment garage on the Town Hall site for protection from vandalism, theft, etc. 9. REPORTS -TOWN ATTORNEY Town Attorney Thomas E. Sliney had no report. 10. REPORTS -TOWN MANAGER Town Manager Dale S. Sugerman reminded all of the 5:01 P.M. Public Hearing this evening regarding the 2006/2007 Fiscal Year Budget. Town Commission Regular Meeting Minutes September 5, 2006 Page 6 of 6 • 11. CONSENT AGENDA Upon MOTION by COMMISSIONER NEWILLNICE MAYOR ASSELTA, the following Consent Agenda item was unanimously approved: AWARD OF CONTRACT TO KILBOURNE & SONS TO INSTALL A SIDEWALK AND TRAFFIC CALMING IMPROVEMENTS ON THE TOWN HALL PROPERTY, IN THE AMOUNT OF $77,064.00. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING NONE. 13. ADJOURNMENT There being no further business to come before the Commission at this time, Mayor Hagelmann adjourned the Regular Meeting at 3:30 P.M. upon MOTION by COMMISSIONER NEWILL/COMMISSIONER SCALA-PISTONE. dmt APPROVE: Scala-Pistone, Commissioner t iriam S. Zwick %~- Jim NewiII,~CPA, Commissioner Attest: ly ~'~ • .c Date: v e~ _ 3 a v a .G ~~