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2010.10.26_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, October 26.2010 1:30 PM Mayor Jim Newill, CPA, called the Workshop Meeting to order in Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick; Commissioner Doris M. Trinley; Commissioner John J. Sorrelli; and Commissioner John J. Pagliaro. Also present: Town Attorney Tom Sliney; Town Manager Dale S. Sugerman; Town Clerk Beverly M. Brown; Zoie Burgess, Assistant to the Town Manager; 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. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA Mayor Newill asked for any additions or deletions. Receiving none, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS Mayor Newill stated he wanted to make a statement on behalf of the Commission. Recently there was an article in the Highlander stating to vote yes on the referendum question regarding the purchase of the replacement fire-rescue ladder truck. We would like the residents to know that this was an editorial error. Please disregard this article. I hope this message gets to all residents prior to voting. The Commission has not taken a position on the purchase of a new fire truck. Joe Yucht -Boca Highlands I rise to speak against the proposed purchase of a new fire truck. In support thereof, I offer the following facts: I have not heard reliable facts in support of the purchase. Let's examine the facts being used in support of the proposal. A) It cost the Town $135,000.00 for the last 4 %2 years to maintain the old truck which is only 15 years old. That equals $30,000.00 per year and it has not Town Commission Workshop Minutes October 26, 2010 Page 2 of 6 been shown that -that amount is exorbitant, average or less than the amounts spent by other fire companies for maintenance. B) The truck is 15 years old. When I was working up north I represented as many as 25 volunteer fire companies, and many of them used equipment that was 30 or 40 years old. The proposed new truck will not do anything that the old truck can not do. Ask Harold Hagelmann a Fire Captain from New York City. C) No one has lost any property because the old truck can not do the job. D) The old truck is heavy and breaks pavers in some condos. The new truck will not be able to get into all communities in Highland Beach to fight fires. Byrd Beach Estates is a prime example. E) The old truck cannot carry all the equipment needed to fight fires. Up north we just used a trailer or dolly behind the truck to carry additional equipment, including four large spot lights and a generator for night fires. F) Are the repair bills due to proper maintenance or abuse by the firemen? Maybe we just need to change maintenance shops or exercise better control over the equipment. G) Most fire companies take pride in their equipment and keep it in good condition. H) Purchases like this should be based on need and not wants. I want a lot of things - a boat, an airplane, and exotic car, but I do not need them. That is what should govern the proposed purchase of the fire truck. I) Knowing the price of fire truck equipment goes up, I would expect that when the firemen order all the bells and whistles they want on the truck, the cost will be more like $850,000 than $810,000. Fire equipment is very expensive. For the above reasons, I urge all Highlanders who have not as yet voted to vote no to the Highland Beach question on the November 2°d Ballot. Recently I had the privilege of discussion the six constitutional amendments and the four questions on the November 2"d ballot to the residents of my condominium. In discussing them, I noticed most of the attendees were also opposed to the purchase of the fire truck. The Town has not proven to us that there is a need for a fire truck, at least at this time. Please before you vote analyze the facts and I am sure that you likewise will vote no to the question. This to me is a no brainer! Harold Hagelmann -Boca Highlands and former Mayor I concur with the comments Mr. Yucht just made. I retired from the New York City fire department after serving for thirty three years. During my time as an officer, I reviewed the purchase of numerous pieces of equipment. Not only did we have the best equipment, it was well maintained and used until it was no longer functionable. When a piece of equipment needed service, there was back up equipment that could be used. Recommend voting no at this time. Mayor Newill -Would like to add that the Town Manager and I have offered to go out to the condos to discuss the election questions. One question that has continually come up at these meetings. If the referendum question is approved, would the fire truck be purchased right away. Our response is, that even if the referendum question is approved, the Commission still has to approve the purchase. It would have to come before the Commission for a final vote. 3. PRESENTATIONS • None Town Commission Workshop Minutes October 26 2010 Page 3 of 6 4. BOARDS AND COMMITTEES A) Board Correspondence • None B) Board Action Report • None C) Board Vacancies • Beaches & Shores Advisory -Two full term • Planning Board -One -two-year unexpired term (5/11) D) Monthly Board Meetings • Special Magistrate -November 4th - 2 PM • Beaches & Shores Advisory -November 9th -Regular - 9:30 AM • Planning Board -November 10th -Regular - 9:30 AM • Bd. of Adjustment -November 16th -Regular - 9:30 AM 5. PROPOSED ORDINANCES AND RESOLUTIONS A) None 6. NEW BUSINESS A) Authorizing the Mayor to Sign an Addendum to the Stipulated Settlement Agreement with Palm Beach County -Milani Park Town Mana eg r Su eg rman - On June 1St of this year, the Town Commission authorized the Mayor to sign a Stipulated Settlement Agreement with Palm Beach County, concerning the one outstanding lawsuit pending over the proposed Milani Park project. The Town Commission granted the Mayor that authority, and the Settlement Agreement was fully executed by all parties. The Commission may remember that we identified five (5) "glitches" or non-substantive errors in the Settlement Agreement. Both parties agreed that we would clean up these glitches via an addendum to the original Settlement Agreement. That addendum has now been crafted and has been executed by the appropriate individuals at the County. This item is being presented to the Town Commission to give approval to the Mayor to sign the Addendum to the Stipulated Settlement Agreement; however, since this is a Workshop meeting, no vote can take place. This item is being introduced for discussion purposed only, and if it is the desire of the Commission, this item can be moved over to the Consent Agenda for the regular meeting of November 2°a Town Attorney - I agree with the comments made by the Town Manager. This is not a change in the agreement. We are just clarifying the prior agreement. Town Mana eg r Su eg rman -Let me read the five glitches so that the public is aware of what is happening: 1) On page 1 of the Stipulated Settlement Agreement, the year on the Agreement has been identified as 2009. The year should be 2010. Town Commission Workshop Minutes October 26 2010 Page 4 of 6 2) On pages 3-6, the legislative formatting of the draft language, which was part of the negotiations between the parties, still shows underlining of the last round of negotiations. The underlining which should have been removed in the final document can remain as it does not adversely effect the intent of the parties. 3) On page 6, the agreement still outlines that there is a dispute between Palm Beach County and the Boca Highlands Condominium Association. That dispute has been settled and the parties so agree. 4) On page 8 (item #6), there is a reference to the Town Code which is "in effect at the time of the adoption of the Amended Development Order, (identified by X)." To clear this matter the Town Clerk of Highland Beach will attach and make a part of the Settlement Agreement, a copy of the current Town Code signing an affidavit that such copy was the Town Code at the time that both parties entered into the Stipulated Settlement Agreement. 5) With regard to item #20 the missing contact information will be noted as follows: If to the Town of Highland Beach: Dale S. Sugerman, PhD., Town Manager, 3614 South ocean Blvd., Highland Beach, FL. 33487. With copies to: Thomas E. Sliney, Esq., Buckingham, Doolittle and Burroughs, LLP, 5355 Town Center Road, Suite 900, Boca Raton, Florida 33486. Consensus was to include item on the November 2, 2010 Consent Agenda. 7) MISCELLANEOUS -ITEMS LEFT OVER A) Minutes September 16, 2010 -Budget Public Hearing September 27, 2010 -Budget Public Hearing September 28, 2010 -Workshop Meeting October 5, 2010 -Regular Meeting Minutes to be included on November 2, 2010, Consent Agenda. 8. REPORTS -TOWN COMMISSION Commissioner Pa lg iaro - No Report. Commissioner Sorrelli - No Report. Commissioner Trinley - No Report. Vice Mayor Zwick - In regards to the upcoming referendum question regarding the purchase of a new fire truck. I understand that the Mayor and the Town Manager have been making presentations to condominiums giving both sides of the question. I also understand that there have been meetings taking place where only one side of the question is explained. Hope all the residents listen to both sides of the question. Mayor Newill -Yesterday, the 11 `t' Coffee with the Mayor was held in the Commission Chambers. It was a very successful meeting with approximately 30 residents in attendance. Town Commission Workshop Minutes October 26 2010 Paae 5 of 6 We had heated discussions on the purchase of the fire truck, walkways, bike paths, and the color of the back-flow devices. The meeting lasted approximately 2 hours. The Town Manager and I have gone out and met with three condominiums to date, and still have one to go. We have presented all the facts on the fire trucks and the ethics amendment. This offer of our presentation was made to all the condominiums and homeowner's associations. 9. REPORTS -TOWN ATTORNEY No Report. 10. REPORTS -TOWN MANAGER A) Cancellation of the December 28, 2010 Commission Workshop Meeting Town Mana eg r Su eg rman -The regularly scheduled Workshop meeting of the Town Commission for the month of December falls on December 28th. This, of course, is during the week between Christmas and New Years. In past years, the Town Commission has seen fit to cancel this meeting because members of the Commission, members of staff, and the general public are tied up with family and the holidays. It is likely that little or no business would be conducted at this meeting, especially since it is only a workshop meeting. If the Commission should choose to cancel this meeting, it will need to be done by a formal motion, second, discussion and a vote. If that is the Commission's desire, we can place this decision on the Consent Agenda for the meeting of November 2°d. Or if the Commission decides not to cancel the December 28th Workshop meeting, then we can leave everything just the way it is. Consensus was to include item on the November 2, 2010 Consent Agenda. 11. CONSENT AGENDA None 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht -Boca Highlands I am wondering if I could get a copy of the stipulated agreement before next Tuesday's meeting. Town Mana eg r Su eg rman advised him to stop in the Town Clerk's Office and complete a public records request. Mr. Yucht - I just listened to the Vice Mayor's comments about the discussion of the fire truck that took place at the Dalton House. I gave facts both for and against the purchase. As far as Dalton House is concerned, she is off base. Commissioner Pa lg iaro - If residents want to make an intelligent opinion on the purchase of the fire truck, you can review the minutes online from the meetings held on June 29th, July 13th and August 5th. Town Commission Workshop Minutes October 26 2010 Page 6 of 6 Commissioner Sorelli -Did you send a letter to all the condominiums and homes? Town Manager Sugerman - We did not send a letter to the homes, but did send an e-invite to all the condominiums and homeowners associations. About forty invitations went out. 13. ADJOURNMENT There being no further business to come before the Commission, Mayor Newill adjourned the Workshop Meeting at 2:00 PM upon a MOTION by Commissioner Sorrelli; seconded by Commissioner Pagliaro. APPROVED: Jim N 11, CPA, Mayor Miriam S. Zwi ,Vice Mayor t,`'~i ~ - Doris M. Trinley, Commissioner f ATTEST: