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2005.09.13_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday. September 13, 2005 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 service personnel. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA • There was no objection to the Mayor's request to discuss his memorandum to Town Manager Sugerman regarding a police vehicle being used for transportation to and from work. The item was placed as No. 7 under New Business and the Agenda amended accordingly. 2. PUBLIC COMMENTS AND REQUESTS Joe Yucht, Boca Hi, complimented the Town's Police Department and Delray Fire Rescue on their quick response to a recent medical emergency in Boca Hi. Mr Yucht also noted a delay in the Milani case being heard. AI Bresnahan, Seagate, stated that he could not hear televised Commission meetings and suggested new microphones. Mr. Bresnahan also noted that ds~pite +he new R.O. plant's output, he was not satisfied with the quality of the water ands had to purchase of a $150 water filter for his apartment. He further stated that he a~rree~ with the two (2) Commissioners who thought the $650,000 buy-in to the Florida Retirement System should go to referendum. Graham Guthrie, 4500 S. Ocean Blvd., reported a possible code enforcement situation at 1118 Bel Air Drive regarding barking dogs. He was asked to put his cdncerns in writing to the Town Manager, who would determine what action should be taken. Minutes of Town Commission Regular Meeting September 13 2005 Paae 2 of 8 3. PRESENTATIONS NONE. 4. BOARDS AND COMMITTEES A) BOARD CORRESPONDENCE: NONE. B) BOARD VACANCIES: ONE (1) ON CULTURAL SOCIETY ADVISORY. C) BOARD ACTION REPORT D) MONTHLY BOARD MEETINGS: Read into record by the Mayor- • LJ Planning Board - 9/14/05 -Regular - 9:30 A.M. Board of Adjustment - 9/15/05 -Public Hearing - 9:30 A.M. Code Enforcement Board -None Scheduled. Financial Advisory Board -None Scheduled. Beaches & Shores Advisory - 9/13/05 -Regular - 9:30 A.M. Cultural Society Advisory - 9/22/05 -Regular - 9:30 A.M. E) Discussion Re: Mayor's request to forma Committee to explore a requirement of new police officers to also have paramedic certification or, at a minimum, be agreeable to obtain paramedic certification within a certain period of time. During this discussion, Police Chief Glenn Goss was asked to give his thoughts on the issue. The Chief stated that only two (2) agencies employing Public Safety officers were accredited by the State. He further stated that Public Safety personnel must first earn certification as a firefighter, an approximate 2-year program. Chief Goss advised the Commission that all of his officers were certified as "First Responders," having completed an 80-hour course with a required follow-up course every 2-3 years, and that all police vehicles were equipped with defibrillators, which the officers deployed expertly when and if needed. The Commission expressed their thanks to Chief Goss for his advice and information and the discussion was concluded. 5. PROPOSED ORDINANCES AND RESOLUTIONS 1) AN ORDINANCE OF THE TOWN COMMISSION OF THE. TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 2-29 THROUGH 2-35 IN ORDER TO PROVIDE AN UPDATED ORDINANCE REGARDING THE DECLARATION OF A STATE OF EMERGENCY. (first reading 8/2; published 9/1). Minutes of Town of Highland Beach Regular Meeting September 13, 2005 Page 3 of 8 This was a final reading of the proposed ordinance; it was unanimously approved upon roll call vote following MOTION by COMMISSIONER NEWILL/COMMISSIONER SCALA- PISTONE. 2) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH AMENDING SECTION 2-29, "EMERGENCY MANAGEMENT," BY ENACTING SECTION 2-36, "PORTABLE GENERATORS," TO PROVIDE FOR THE REGULATION OF PORTABLE GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CAUSE AND AN EFFECTIVE DATE.(first reading). This proposed ordinance has to do with general safety measures as regards use of emergency generators. There was no discussion. 3) A RESOLUTION RELATING TO MEMBERSHIP INTO THE FLORIDA RETIREMENT SYSTEM FOR THE ELECTED OFFICIALS OF THE TOWN OF HIGHLAND BEACH. After some discussion, MOTION was made by VICE MAYOR ASSELTA/COMMISSIONER NEWILL to approve the Resolution and the agreement relating to retroactive service. Roll call was as follows: Commissioner Newill -Yes Commissioner Zwick -Yes Commissioner Scala-Pistone - No Vice Mayor Asselta -Yes Mayor Hagelmann -Yes 6. NEW BUSINESS 1) DESIGNATION OF PALM BEACH LEAGUE OF CITIES VOTING DELEGATES AND ALTERNATES. It was agreed that the Mayor would be the Voting Delegate, with the Commission members and Town Manager Sugerman as alternates. 2) APPROVAL OF PAYMENT FOR ADDITIONAL SERVICES:. CORRALES GROUP, LIBRARY ARCHITECT. In response to the Town Manager's memorandum explaining these payments (attached and made part of these Minutes), MOTION was made ny VICE MAYOR ASSELTA/COMMISSIONER SCALA-PISTONE to approve payment of additional services, followed by favorable roll call vote. Minutes of Town Commission Regular Meeting September 13. 2005 Page 4 of 8 6. NEW BUSINESS (continued) 3) APPROVAL OF SUBMISSION OF A GRANT APPLICATION TO THE "KEEP PALM BEACH COUNTY BEAUTIFUL, INC" GRANT PROGRAM. Submission of a grant application was approved upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, followed by unanimous favorable vote. Because this grant's purpose is to line A1A with royal palm trees, it was suggested that an organized effort be made to garner support from condo and homeowner associations. dopy of Town Manager Superman's memo regarding this item is attached hereto and made part of these Minutes. 4) APPROVAL OF $12,890 EXPENDITURE FOR PAVING OF LIBRARY PARKING LOT. This item was approved upon MOTION by COMMISSIONER SCALA- PISTONE/COMMISSIONER ZWICK, followed ny unanimous favorable vote. A copy of the Town Manager's memo pertaining to this item is attached hereto and made part of these Minutes. 5) APPROVAL OF NOWLEN, HOLT AND MINER PROPOSALS: • A) RECONCILIATION OF R.O. PLANT INVOICES FROM CH2M HILL. B) ANALYSIS OF NEW DWELLING UNIT CONNECTION FEES FOR WATER AND SEWER UTILITY SYSTEM FUND. C) ESTABLISHMENT OF POLICIES AND PROCEDURES RELATED TO CAPITAL PROJECTS. After considerable discussion, consensus was as follows: A) RECONCILIATION OF R.O. PLANT INVOICES FROM CH2M HILL. Approval of this item withheld; rather, a negotiating team comprised of the Vice Mayor, Town Attorney and Town Manager will attempt to work out a settlement agreement with CH2M HILL. B) ANALYSIS OF NEW DWELLING UNIT CONNEC'i'!ON FEES FOR WATER AND SEWER UTILITY SYSTEM FUND. Approved upon MOTION byVICE MAYORASSELTA/COMMISS~Oi~f~RZWICK, followed by unanimous favorable vote. ~- C) ESTABLISHMENT OF POLICIES AND PROCEDURES RELATED TO CAPITAL PROJECTS. Approval of this item withheld; rather, the Town Manager will undertake the task. Minutes of Town Commission Regular Meeting September 13. 2005 Page 5 of 8 6. NEW BUSINESS (continued) 6) CONSIDERATION OF THE USE OF PUBLIC FUNDS TO MATCH CITIZEN DONATIONS BEING MADE TO THE MAYOR'S PROGRAM TO RAISE FUNDS FOR THE GULF COAST VICTIMS OF HURRICANE KATRINA. During discussion, Commissioner Newill expressed his concern that all the Commission members were not included in this action, which prompted Vice Mayor Asselta to question the Town Attorney if the Mayor had any special prerogative to proceed with such an action on his own. Town Attorney Sliney responded that although he had not seen the letter, he perceived that the Mayor did have certain prerogatives in that not every letter he writes has to have Commission approval. Commissioner Zwick suggested that the Commission could encourage the citizenry to donate their own funds. Commissioner Scala-Pistone also suggested that private donations were in order. Except for the Mayor, none of the Commissioners were in favor of matching the donated funds. Concluding discussion, and upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER NEWILL, a Town donation of $10,000, to be split between the Salvation Army and Red Cross, was approved to assist these agencies in their effort to aid the victims of Hurricane Katrina. • 7. MAYOR'S MEMO TO TOWN MANAGER RE POLICE VEHICLE USE FOR TRANSPORTATION TO AND FROM WORK. Town Manager Sugerman explained that he and Mayor Hagelmann had a "friendly disagreement" on who had the authority to authorize use/non-use of, in this case, a police vehicle to be used for transportation to and from work. As Town Manager, Mr. Sugerman contended he alone had the authority to sanction or not sanction such action, and approved this use of a police vehicle because the only Sergeant on the Police Force, Mitch Rieger, was working on a steady "on call" basis. Mr. Sugerman further noted that this use was temporary and would be discontinued when additiortaR sergeants were assigned to police shifts. Mayor Hagelmann explained that his memorandum directing the Town Manager to cease such practice was in consideration of possible liability and theft, as well--as soaring gasoline prices, as it was the SUV vehicle that was being used. Discussion among the members centered on the fact that the Town enjoys a Manager/Commission form of government, which places the Manager .n charge of day- to-day decisions such as the one in question, and the matter was concluded. Minutes of Town Commission Regular Meeting September 13, 2005 Paae 6 of 8 8. MISCELLANEOUS -ITEMS LEFT OVER 1) MINUTES FOR APPROVAL: JULY 26, 2005 WORKSHOP AUGUST 2, 2005 REGULAR MEETING AUGUST 2, 2005 PUBLIC HEARING (ADELPHIA/TIME WARNER/COMCAST) AUGUST 5, 2005 SPECIAL MEETING (LUXURY DEVELOPERS. LLC) Approval of these sets of Minutes was tabled, as Commissioner Scala-Pistone said she did not have all necessary drafts. In response to a Palm Beach Post editorial, which suggested the Commission was remiss in not seeking a settlement agreement with Luxury Developers, Vice Mayor Asselta said he was pleased with the way the Commission had handled the matter, which was brought to a conclusion by Luxury Developers withdrawal of the Bert Harris suit against that Town. 8. REPORTS -TOWN COMMISSION Commissioner Jim Newill, CPA, addressed the urgency for action regarding purchase of back-up generator, and requested the Town Manager to ensure it is placed on a referendum for the March elections since it will be a project exceeding the $350,000 cap • on Commission expenditures in any given year. Vice Mayor Asselta suggested an order be placed as soon as possible, with a clause to cancel, if necessary. Commissioner Newill also inquired if steps had been taken to upgrade 401 B contributions for department heads; Town Manager Sugerman replied the necessary documents would be ready for the October Regular Meeting. Concluding his remarks, Commission Newill noted that he took offense at the Mayor going forward, by himself, to secure a emergency traffic signal for the fire station, as it should have had Commission approval. Mayor Hagelmann replied that his interest in so doing was to save lives and properties. Commissioner Miriam S. Zwick read a list of items that had been impacted ,by adding afire sprinkler system to the new library, saying the Commission should. not be surprised when they are asked to approve additional expenses. The Commissioner's list is attached to and made part of these Minutes. , Commissioner Rachael Scala-Pistone commented on Vice Mayor Asselta .taking exception to her recent meeting with PBC Commissioner Mary McCarty. The Commissioner added that she does not like to be chastised for such actions as the Town is in Commissioner McCarty's jurisdiction and she is supposed to have dialogue with the Commission members so she will know how she can assist with plans and programs. • Minutes of Town Commission Regular Meeting September 13. 2005 Page 7 of 8 8. REPORTS -TOWN COMMISSION (continued). Vice Mayor Joseph J. Asselta referred to some Commission members' call for a referendum regarding funds needed to buy into the Florida Retirement System exceeding the $350,000 yearly funding cap. The Vice Mayor commented that the needed funding included in the FY 2005/2006 budget was based on the legal opinion of the Town Attorney. Vice Mayor Asselta also noted that in reviewing the proposed current budget, there were several areas where the $350,000 cap was not adhered to, for example, fire rescue and law enforcement; he asked, tongue-in-cheek, if these items should go to referendum on a yearly basis. Concluding his remarks, the Vice Mayor noted the purpose of having a Town Attorney was to follow his advice and encouraged the members to do so and stop challenging him at every turn. Mayor Harold R. Hagelmann had no report. 9. REPORTS -TOWN ATTORNEY Town Attorney Thomas E. Sliney referred to the Commission's turn-down of the latest Hoffmann proposal; he said they have amended their pleading under the Burt Harris Act, • which was anticipated. In response to Commissioner Scala-Pistone's request for additional reasoning regarding his opinion that the pension funding did not relate to the $350,000 funding limit, Mr. Sliney said he did not know what else he could say. Commissioner Scala-Pistone replied that he had not given the basis for his opinion. (Copies of their correspondence is attached to and made part of these Minutes.) 1) SET DATE FOR EXECUTIVE SESSION RE F.O.P CONTRACT NEGOTIATIONS. A range of available dates were discussed, which Mr. Sugerman will present to Attorney James A. Cherof, who is handing these negotiations for the Town. Mr. Sugerman will advise when Mr. Cherof is available. 2) CHANGE IN SCHEDULE FOR OCTOBER 4, 2005 REGULAR MEETING (ROSH HASHANAH) Discussion concluded with a consensus that the Regular Meeting would be held the following week: Tuesday, October 11, 2005. Concluding his remarks, Mr. Sugerman asked for a Motion to re-set Tuesday, September 27, as a Workshop, not a Regular Meeting. Commissioner Zwick/Commissioner Newill did so, with unanimous favorable vote. The Town Manager also advised a grant had been received for two (2) difribillators -one for Town Hall; one for the new library r-~ l~ n U Minutes of Town Commission Regular Meeting. September 13. 2005 Page 8 of 8 11. CONSENT AGENDA NONE. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joe Yucht, Boca Hi, defended Mayor Hagelmann's actions as regards the signal crossing light at Boca Hi. 13. ADJOURNMENT There being no further business to come before the Commission at this time, Mayor Hagelmann adjourned the Regular Meeting at 4:30 P.M., upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK. dmt APPROVE: arold . Hage ann, Mays J eph Ita, Vice Mayor Rachael Scala-Pistone, Commissioner Miriam S. Zack, C Attest: Jim Ney/ill, CPA, Commissioner ~U J~- ~ 5