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2006.10.03_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday. October 3. 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 in honor of the nation's military personnel. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA • Hearing no objection, Mayor Hagelmann declared the Agenda accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS The following residents spoke in favor of the installation of a traffic signal for the fire station: Eugene Diliberto, Seagate George Kelvin, Boca Hi Frank Faye, Boca Hi Joe Yucht, Boca Hi 3. PRESENTATIONS NONE. 4. BOARDS AND COMMITTEES A) BOARD CORRESPONDENCE: NONE. B) BOARD VACANCIES: ONE (1) ON FINANCIAL ADVISORY BOARD; ONE (1) ON CULTURAL BOARD. • No action was taken on these vacancies. • Minutes of Town Commission Regular Meeting October 3 2006 Page 2 of 7 4. BOARDS AND COMMITTEES (continued) C) BOARD ACTION REPORT. Received as information D) MONTHLY BOARD MEETINGS: Read into the record. Planning Board Regular - 10/11/06 - 9:30 A.M. Board of Adjustment -Quarterly - 10/17/06 - 9:30 A.M. Code Enforcement Board -.Quarterly - 10/18/06 - 9:30 A.M. Financial Advisory Board -None Scheduled. Beaches & Shores Advisory Regular - 10/10/06 - 9:30 A.M. Cultural Board Regular -Regular - 10/26/06 - 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 9/5/06; published 9/22/06) • Substantial discussion took place regarding this proposed ordinance. Commissioner Newill wanted the $500.00 crane fee removed; Commissioner Scala-Pistone repeated her suggestion that, because it was so large scale in scope, the Planning Board should review and report to the Commission; Town Manager Sugerman advised this had already been done. Also, Building Official Bob Dawson asked that the effective date be December 1, 2006 rather than immediately so subcontractors could be notified. Town Attorney Sliney advised that this ordinance was necessary because so much of Chapter 6 was obsolete and, if the Commission approved it today, a streamlined issue of the ordinance would be presented to them in the near future. Concluding discussion, MOTION was made by COMMISSIONER NEWILL/COMMISSIONER ZWICK that effective this date, October 3, 2006, the $500.00 crane fee would be removed from the fee schedule. Roll call met with unanimous favorable vote. Upon MOTION by COMMISSIONER NEWILL/COMMISSIONER ZWICK, it was agreed that December 1, 2006 would be the ordinance's effective date. Roll call met with unanimous favorable vote. 6. NEW BUSINESS 1) DISCUSSION RE AWARD OF CONTRACT FOR LANDSCAPE . MAINTENANCE. Town Manager Sugerman explained that three (3) quotes for this work had been received, with Model Row, Inc. being the lowest bid at $36,840 annually. Mr. Sugerman • Minutes of Town Commission Regular Meeting October 3, 2006 Page 3 of 7 6. NEW BUSINESS further advised that the two (2) Utility Maintenance Workers will now be assigned to indoor janitorial work, although they will continue their clean-up work throughout the Town and on the beach. Upon MOTION by COMMISSIONER SCALA- PISTONE/COMMISSIONER NEWILL, followed by unanimous favorable vote, the Model Row, Inc. contract was approved in the amount of $36,840 annually. (Pertinent information attached to and made part of these Minutes.) 2) DISCUSSION RE APPROVAL OF AN ACCOUNTING PRACTICE FOR THE ENCUMBRANCE OF FUNDS. Town Manager Sugerman addressed this proposed resolution, advising it was used by most municipalities in order to allow funds to be carried forward from one fiscal year to another for projects/contracts that were budgeted but not completed within the fiscal year. As examples, Mr. Sugerman referred to two (2) items budgeted but not completed in FY 2005/2006: $100,000 for a tree program the State still has not approved, and. a $77,000 contract for a sidewalk to the library that has not yet been started. . Although it was advised that this accounting practice had the auditors' blessing and the amounts would be noted on the monthly statements, as well as reported at the end of a given fiscal year, Commissioner Newill took exception, saying such practice would remove accountability; he much preferred adjustments to the current year's budget. Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, the resolution approving an accounting practice for the encumbrance of funds was approved by majority roll call vote, with Commissioner Newill voting "No." (Pertinent information attached to and made part of these Minutes.) 3) DISCUSSION RE AWARD OF CONTRACT FOR ELECTRICAL WORK (PART OF PHASE II RELIABILITY PROJECT FOR R.O. PLANT) Town Manager Sugerman advised that award of this contract had to do with the electrical work needed to move the Sprint equipment into the water tower, thus freeing up Sprint's existing space for construction of well #8. The Manager further advised that with the construction of an equipment garage eliminated. from the 2006/2007 FY budget, and this Sprint relocation, no library parking spaces would be lost. It was also noted that while three (3) bids were sought, only one (1) bid was received. Concluding discussion, and upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, Florida Design and Drilling Corporation was . awarded the electrical contract to relocate the Sprint equipment to the water tower, in the amount of $44,177.85. Roll call met with unanimous favorable vote. Pertinent information attached to and made part of these Minutes.) • Minutes of Town Commission Regular Meeting October 3, 2006 Page 4 of 7 7. MISCELLANEOUS -ITEMS LEFT OVER 1) DISCUSSION RE FUNDING OF FIRE STATION TRAFFIC SIGNAL. Mayor Hagelmann led discussion on this issue, reading into the record the January 3, 2006 vote motioned by Commissioner Scala-Pistone and approved by all via roll .call, i.e., THAT THE SIGNAL LIGHT FOR THE FIRE STATION BE APPROVED, BUT FIRST THE SIX (6) REMAINING CONDOS WITH CROSSWALKS ARE TO BE MADE AWARE THAT THERE IS A TIME CERTAIN TO RESPOND AS TO WHETHER OR NOT A SIGNAL IS DESIRED (FEBRUARY 7). The Mayor went on to say that although they were notified, no condominium representative responded, thus the Town had $60,000 of the original $72,000 appropriated for the Town by PBC Commissioner Mary McCarty ($12,000 was reimbursed to Boca Hi for their traffic crossing. signal light), with $45,000 quoted by the County for the fire station signal light. However, Mayor Hagelmann continued, in the ensuing months, the County had since quoted. a far different estimate for the fire station light, namely, $100.000, and had turned a deaf ear to the Mayor's plea that they honor • the original estimate. Therefore, Mayor Hagelmann advised that the Town's share for the light was now $40,000. MOTION to approve the Town's $40,000 expenditure for the fire station light was made by COMMISSIONER NEWILL/COMMISSIONER ZWICK and substantial discussion followed. Commissioner Newill said he would vote favorably only because he had been personally made aware that residents were in favor by a ratio of about 7-1. Vice Mayor Asselta said the placement of the light - in front of the fire house -would not give traffic a chance to stop in time; therefore, it would be a foolhardy waste of money, as it would in no way add to anyone's safety. Commissioner Scala-Pistone suggested the Commission tour the area to determine where the light would be placed. Town Manager Sugerman advised that, if approved, the $40,000 would be taken from the reserve for contingency. Concluding discussion, the expenditure of $40,000 as the Town's share of the fire station traffic signal light was approved by majority roll call vote, with Vice Mayor Asselta voting "No." 2) DISCUSSION RE ONE MEETING ONLY IN DECEMBER (DECEMBER 12 REGULAR). Having briefly considered the possibility of one meeting (Regular) in December because of the Commission's Holiday plans and the National League of Cities Conference starting December 5 (at this date, no members were attending), discussion was short. Upon Minutes of Town Commission Regular Meeting October 3, 2006 Page 5 of 7 7. MISCELLANEOUS -ITEMS LEFT OVER (continued) MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, followed by unanimous favorable vote, only one meeting will be held in the month of December, i.e. a Regular Meeting on Tuesday, December 12. 3) DISCUSSION RE TRANSMITTAL OF "TERM LIMITS" FLYER TO RESIDENTS. Mayor Hagelmann led discussion regarding this issue, saying the flyer was meant only to educate voters. Commissioners Newill differed, saying the mailing would be an extravagant use of taxpayer monies, as the flyer only promoted the advantages of a change in term limits, and some residents might consider this the Town's stance on the subject. The Mayor contended the flyer was neither pro nor con. Commissioner Scala- Pistone agreed with Commissioner Newill's comments. Concluding discussion, and upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, followed by majority favorable vote, it was agreed the flyer would be sent to registered voters. Roll call was as follows: i Commissioner Zwick -Yes Commissioner Scala-Pistone - No Commissioner Newill - No Vice Mayor Asselta -Yes Mayor Hagelmann -Yes 4) MINUTES FOR APPROVAL: Upon MOTION by COMMISSIONER NEWILLNICE MAYOR ASSELTA, the following sets of Minutes were unanimously approved: AUGUST 29, 2006 WORKSHOP SEPTEMBER 5 REGULAR SEPTEMBER 5:01 P.M. PUBLIC HEARING (BUDGET) 8. REPORTS -TOWN COMMISSION Commissioner Jim Newill, CPA, had no report. Commissioner Miriam S. Zwick advised that the U.S. Board on Geographic Names had officially approved the change in name of "Jap" Rock to "Yamato" Rock; the • Commissioner also advised that a copy of their would be sent to all interested parties, including Mr. James Mihori of the Japanese-American Society of South Florida at Morikami Museum.. A copy of the letter is attached to and made part of these Minutes. iVlinutes of Town Commission Regular Meeting October 3, 2006 Paae 6 of 7 • 8. REPORTS -TOWN COMMISSION (continued) Commissioner Zwick, referring to frequent power outages in the south part of Town, and the fact that FPL has paid little attention to its aging infrastructure, suggested it might be time to consider the feasibility of a different source of electric power, i.e., wind turbines, as utilized in western parts of the United States. Commissioner Rachael Scala-Pistone commented that the library had no public trash receptacles and requested some be purchased for that area. Vice Mayor Joseph J. Asselta having recently attended a Florida State Ethics Conference and Sunshine Law Summit in Tampa, expounded on the stringent parameters of the Sunshine Law, as had been instructed in the various meetings; his remarks included restrictions for a-mail, agenda addenda, and discussions regarding litigation with the Town Attorney and/or the Town Manager. Town Attorney Sliney responded that he would be interested to know if all of what was instructed were AGO opinions. Mayor Harold R. Hagelmann encouraged residents to watch Government Channel 19, which contains a wealth of Town information thanks to the fine job Sue Gray does in maintaining it. • The Mayor also noted the Navy League's "Lest We Forget" December 7 luncheon, inviting anyone who lost a loved one at Pearl Harbor or on 9/11, to call for a free ticket, other luncheon tickets were available at $35.00 each. 9. REPORTS -TOWN ATTORNEY Town Attorney Thomas E. Sliney had no report. 10. REPORTS -TOWN MANAGER Town Manager Dale S. Sugerman had no report. 11. CONSENT AGENDA NONE. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht, Boca Hi, referred to the ordinance amending Chapter 6, which was approved today, and questioned how changes in the State law might affect the validity of the ordinance as relates to the adoption of the Florida Building Code by reference; Town • Manager Sugerman assured that not only will the Building Official be apprised of any changes, but the Code, as well as any changes, will be available on line. rVF~ncates of Town Commission Regular Meeting October 3,2006 Page 7 of 7 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING (continued) Mr. Yucht also said he was not in favor of the term limits flyer being distributed to residents, as it would urge them to support it. 13. ADJOURNMENT There being no further business to come before the Commission at this time, Mayor Hagelmann adjourned the Regular Meeting at 3:35 P.M. upon MOTION by COMMISSIONER NEWILL/COMMISSIONER ZWICK. dmt APPROVE: H,~rold R. H elnp~(in, Mayor ~~~ ' ~ ~~ ~6 J. As~lt~~/ice M (a'yo~r ~ L~ Scala-Pistone, Commissioner Miriam S. Zwi~k, C6mmis`~oner YY ~~ Jim Nev~f/II, CPA, Commissioner Attes .~ Date: ~-~ ~/`~~o b