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2005.07.05_TC_Minutes_Regular s TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday July 5 2005 1:30 P.M. Mayor Harold 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 service men and women. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA Hearing no objection, Mayor Hagelmann added a Resolution increasing the Town Manager's salary, and the agenda was accepted as amended. CANDIDATE INTERVIEW FOR CULTURAL BOARD: RIIA FUTERNICK Before proceeding with the agenda, Riia Borok Futernick was interviewed for the Cultural Society Board, giving background information and answering questions to the Commission's satisfaction, following which she was unanimously appointed to that Board upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE. Because there would now be a quorum, the Mayor announced the Cultural Society would meet on July 14 at 1:30 P.M. 3. PRESENTATIONS BUTLER CONSTRUCTION: INCREASED COSTS OF NEW LIBRARY ROOFING Scott Butler presented back-up information regarding the increased cost of roofing materials for the new library ($32,190) caused by the four (4) hurricanes which hit the State last year. Lengthy discussion took place as to whether this increase was warranted, and why Mr. Butler did not anticipate hurricane weather. MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK to pay the increased costs met wi#h the following roll call vote: Town Commission Regular Meeting Agenda July 5, 2005 Paae 2 of 8 3. PRESENTATIONS (continued) Commissioner Newill - No Commissioner Zwick -Yes Commissioner Scala-Pistone - No Vice Mayor Asselta -Yes Mayor Hagelmann - No Motion failed. MOTION by MAYOR HAGELMANN/COMMISSIONER NEWILL to pay $16,100 of the increases met with the following roll call vote: Commissioner Newill- Yes Commissioner Zwick -Yes Commissioner Scala-Pistone -Yes Vice Mayor Asselta -Yes Mayor Hagelmann -Yes . All pertinent correspondence regarding this issue is attached to and made part of these Minutes. 2. PUBLIC COMMENTS AND REQUESTS Emily Firtell, Beach Walk East, announced she had been appointed to the Southern District Advisory Board by Palm Beach County Commissioner Mary McCarty; Ms. Firtell also advised she had registered with the State as a lobbyist. Judi Asselta, Casuarina, complimented Commissioner Zwick on the fine work she is doing regarding interior design of the new library. Ms. Asselta also noted she would not want to see individual commissioners taking on town projects on their own, rather the Commission as a whole should present a united front. Ms. Asselta further noted that in her opinion the yearly funding limitation for the Commission as regards "services," applied only to issues like water, garbage, etc., and not to personnel. Joe Yucht, Boca Hi, complained that, regarding the Milani law suit, the residents of Boca Hi didn't get any help from the Town. Former Mayor Thomas J. Reid, noted that during his tenure assignment of individual Commission members to specific projects had ceased. Regarding Milani Park, Mr. Reid felt it would be advisable for the Town to do nothing until the law suit was settled. Minutes of Town Commission Regular Meeting . July 5 2005 Paae 3 of 8 2. PUBLIC COMMENTS AND REQUESTS (continued) Tony Rotolo, Coronado, related a problem he had with a landscaper spewing mown grass into A1A on his newly washed car and asked if there was a Town ordinance against such action; he was assured the Police Department would determine if such an ordinance was in effect. 4. BOARDS AND COMMITTEES A) BOARD CORRESPONDENCE: NONE. B) BOARD VACANCIES: One (1) on Beaches and Shores Advisory; One (1) on Financial Advisory; One (1) on Cultural Society. As Dan Hinchliffe, Toscana, had recently applied for appointment to the Financial Advisory Board and was in attendance, it was the consensus of the Commission to interview him at this time. Mr. Hinchliffe's qualifications so impressed the members that he was appointed to the FAB immediately after the interview upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER JIM NEWILL with unanimous favorable vote. • C) BOARD ACTION REPORT -NONE. D) MONTHLY BOARD MEETINGS: Read into the record by the Mayor - Planning Board -Regular - 7/13/05 - 9:30 A.M. Board of Adjustment -Public Hearing - 7/11/05 - 9:30 A.M.; 7/19/05 -Quarterly - 9:30 A.M. Code Enforcement Board - 7/20/05 -Quarterly - 9:30 A.M. Financial Advisory Board -None Scheduled. Beaches & Shores Advisory -Regular - 7/12/05 - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE NO. 710, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 2004-2005, WHICH BEGAN OCTOBER 1, 2004 AND ENDS SEPTEMBER 30, 2005. (first reading 6/7/05; published 6/23/05) Having been previously discussed, this proposed ordinance met with unanimous favorable roll call vote upon MOTION by COMMISSIONER NEWILL/COMMISSIONER ZWICK. a • Minutes of Town Commission Regular Meeting July 5, 2005 Page 4 of 8 5. PROPOSED ORDINANCES AND RESOLUTIONS A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH AMENDING EMPLOYMENT AGREEMENT WITH DALE S. SUGERMAN. Upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK, this Resolution was approved by majority roll call vote as follows: Commissioner Newill -Yes Commissioner Zwick -Yes Commissioner Scala-Pistone -Yes Vice Mayor Asselta - No (was in favor of a bonus, not a salary increase) Mayor Hagelmann - Yes 6. NEW BUSINESS 1) DECLARING CERTAIN EQUIPMENT SURPLUS PROPERTY (DECOMMISSION OF OLD WATER PLANT). • Town Manager Sugerman advised there was approximately $33,000 worth of equipment which can no longer be used at the new R.O. plant. After some discussion, the attached list of equipment, along with other related correspondence, was unanimously approved as surplus upon MOTION by COMMISSIONER NEWILL/COMMISSIONER SCALA- PISTONE. 2) INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY DIALOGIC GEOGRAPHIC-BASED ALERT AND NOTIFICATION SYSTEM. Mr. Sugerman explained the advantage of entering into this interlocal and, after some discussion, it was unanimously approved upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE. 3) REGULATION OF THE INTRACOASTAL WATERWAY. Considerable discussion took place regarding the Town Manager's presentation of information needed for the Town to submit an application for speed control markers on the Intracoastal. It was noted that this had been attempted several times in the past to no avail. However, upon MOTION by COMMISSIONER SCALA- PISTONE/COMMISSIONER NEWILL, Mr. Sugerman was directed to submit an application for said speed markers by majority roll call vote as follows: Minutes of Town Commission Regular Meeting July 5. 2005 Page 5 of 8 6. NEW BUSINESS (continued) 3) REGULATION OF THE INTRACOASTAL WATERWAY (continued) Commissioner Newill -Yes Commissioner Zwick -Yes Commissioner Scala-Pistone -Yes Vice Mayor Asselta - No Mayor Hagelmann -Yes 4) AWARDING CONTRACT FOR CONDUCT OF A RATE STUDY - UTILITY DEPARTMENT. In response to the Commission's request for a rate study as to water and wastewater now that the R.O. plant is in operation, Mr. Sugerman advised that Camp, Dresser & McKee (CDM) had been asked to submit a proposal, which Staff recommended the Commission approve. Mr. Sugerman also advised he had previously worked with Dan Anderson, who will be CDM's project manager, and whose work has always been exceptional. Concluding discussion, MOTION byVICE MAYORASSELTA/COMMISSIONER SCALA- • PISTONE to accept CDM's proposal for awater/wastewater rate study was unanimously approved by favorable roll call vote. (Copy of CDM's Proposed Scope of Services and Project Budget are attached to and made part of these Minutes.) 7. MISCELLANEOUS -ITEMS LEFT OVER 1) DESIGNATE COMMISSIONER RACHAEL SCALA-PISTONE VOTING DELEGATE FOR FLORIDA LEAGUE OF CITIES CONFERENCE. Having been previously discussed, Commissioner Scala-Pistone was unanimously designated as the voting delegate for the upcoming Florida League of Cities Conference upon MOTION by COMMISSIONER ZWICK/COMMISSIONER NEWILL. 2) CONSIDERATION OF FLORIDA RETIREMENT SYSTEM PENSION. Lengthy discussion of the Town joining the Florida Retirement System had taken place at the June 28, 2005 Workshop. At this time the following MOTION was made by VICE MAYOR ASSELTA/COMMISSIONER ZWICK: Motion to authorize the Mayor and the Finance Director to execute the necessary documents with the Florida Retirement System (FRS) to offer as a choice to existing employees, and to mandate for new employees hired after October 2, 2005, participation in the FRS pension program beginning October 1, 2005, with funding of the Past Service Cost Buy-Back expense for participating employees to be paid from General Fund Sources, at the most favorable period over time, to be determined by the Town Manager and the Finance Director, but in no case to exceed five (5) years. Minutes of Town Commission Regular Meeting July 5, 2005 Page 6 of 8 7. MISCELLANEOUS -ITEMS LEFT OVER (continued) 2) CONSIDERATION OF FLORIDA RETIREMENT SYSTEM PENSION (cont.) During the discussion that followed, Commissioner Scala-Pistone said there were still a lot of questions to be answered and, further, that the yearly funding cap of $350,000 should be adhered to. Commissioner Newill noted that the Financial Advisory Board did not recommend the pension plan; he, too, felt the $350,000 yearly funding limitation applied and a referendum would be needed to determine if the plan would be acceptable. Commissioner Zwick noted the pay-out for the pension plan, over five (5) years, would not violate the $350,000 spending limitation. Vice Mayor Asselta noted that when the Financial Advisory Board reviewed the pension plan, only three (3) members were present and there was no recommendation, either pro or con, resulting from that meeting; they also did not schedule another timely meeting for further review and consideration. • Concluding discussion, roll call vote was as follows: Commissioner Newill - No Commissioner Zwick -Yes Commissioner Scala-Pistone - No Vice Mayor Asselta -Yes Mayor Hagelmann -Yes Motion passed by majority. 8. REPORTS -TOWN COMMISSION Commissioner Jim Newill, CPA, had a question relating to the sunshine law and "whispers between members" during a meeting. Town Attorney Sliney answered it depended on what was being talked about, which might not violate the sunshine law, but was certainly in poor form. Commissioner Miriam S. Zwick reported the interior design aspect of the new library was 50% under funding allocation. The Commissioner also urged the members to fund the additional five (5) computers requested by the Library Director. Commissioner Rachael Scala-Pistone responded to Vice Mayor Asselta's remarks at the June 28th Workshop. (Copy attached to and made part of these Minutes.) Vice Mayor Joseph J. Asselta had no report. i Minutes of Town Commission Regular Meeting July 5, 2005 Page 7 of 8 8. REPORTS -TOWN COMMISSION (continued) Mayor Harold R. Hagelmann requested that the Commission consider a $1,000.00 donation toward the official commissioning of the United States Navy Warship, the USS Bainbridge. Upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK, with unanimous favorable vote, the members honored the Mayor's request. 9. REPORTS -TOWN ATTORNEY APPROVAL OF $2,200.00 SETTLEMENT IN CASE OF MARCO BOLANOS v. TOWN OF HIGHLAND BEACH. Town Attorney Thomas E. Sliney gave background information on this case and asked for approval of settlement. Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE, followed by unanimous favorable vote, settlement was approved. 10. REPORTS -TOWN MANAGER • Town Manager Dale S. Sugerman addressed several topics: . Thanked the Commission for their support. . Advised a memo regarding Adelphia Cable will be forthcoming in time for the July Workshop. . Advised the list of registered and unregistered contractors requested by condominium managers and presidents at the 6/22 meeting of same were posted on our website, and thanked Bob Dawson and Sue Gray for a job well done. . Advised that the Department of Transportation was working on A1A putting in additional swales, thanks to the efforts of Mayor Hagelmann and Bill Moore. . Asked for consensus of date and time for an Executive Session regarding the Hoffmann case. After some discussion, and upon MOTION by COMMISSIONER NEWILL/COMMISSIONERZWICK,with unanimousfavorablevote,the Executive Session will be held July 26, 2005 at 12:00 noon. 11. CONSENT AGENDA Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER NEWILL, the following Consent Agenda items were unanimously approved: 1) RENEWAL OF CONSUMPTIVE USE PERMIT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT. Minutes of Town Commission Regular Meeting Juiv 5. 2005 Page 8 of 8 11. CONSENT AGENDA (continued) 2) PIGGYBACK CONTRACT WITH PALM BEACH COUNTY SOLID WASTE AUTHORITY RE HURRICANE DEBRIS. 3) CONTRACT AWARD TO BUTLER CONSTRUCTION FOR REMODELING OF TOWN HALL OFFICES. 4) MINUTES FOR APPROVAL: MAY 31, 2005 WORKSHOP JUNE 7, 2005 REGULAR 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht urged the Commission to reject any proposal from Hoffmann/AMCO that did not meet current code requirements. 13. ADJOURNMENT • There being no further business to come before the Commission at this time, Mayor Hagelmann adjourned the Regular Meeting at 5:00 P.M. upon MOTION by COMMISSIONER ZWICK/COMMISSIONER NEWILL. dmt APPROVE: Harold R. Hagel n, May C ~_ achael Scala-Pistone, Commissioner Miriam S. Zwick, Co issioner . -~ .. n Jim N~trvill, CPA, Commissioner Attest: DATE: .~ zoo,