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2005.11.01_TC_Minutes_RegularTOWN OF HIGHLAND BEACH. FLORIDA TOWN COMMISSION REGULAR MEETING MINUTES Tuesday, November 1, 2005 1.30 p m Mayor Harold R. Hagelmann called the Regular Meeting to order in Commission Chambers at 1:30 P.M. Deputy Town Clerk Jane Dillon called the roll. The Mayor, Vice Mayor Joseph J. Asselta and Commissioners Jim Newill, Rachael Scala-Pistone and Miriam Zwick were present. Town Attorney Thomas E. Sliney and Town Manager Dale Sugerman were also present, as were members of the general public. The Pledge of Allegiance was given. Town Manager Dale Sugerman read his hurricane Wilma report into the record, which is attached hereto. 1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA • DISCUSSION OF GENERATORS WAS ADDED TO THE AGENDA AS OLD BUSINESS. 2. PUBLIC COMMENTS AND REQUESTS 1. Former Mayor Thomas Reid, 3015 S. Ocean Blvd, expressed his opinion re the menorah, tree and carols on Town property, noting he would like to also see a nativity scene. 2. Patricia Pembroke, 3300 S. Ocean Blvd, also asked that a nativity scene be added. 3. Hazel Holsborg, Villa Magna, complained about the lack of having a generator during the hurricane. 4. Alan Teller, 4210 S. Ocean Blvd, asked that the Commission install immediately the connections for a generator to be hooked into a large portable generator. 5. Ronnie Spenstrip, Seagate, noted the $6,000 allotted for the holiday celebration and recommended the money be used to add palm trees which were destroyed by the hurricane. Does not have a problem with menorah, notes tree is a commercial symbol, agrees that a nativity should be displayed. 6. Dennis Sheridan, Monterey House, asks to act on generator immediately. 7. Emily Firtell, 3201 S. Ocean, asked that in the future, the Town dispense ice and water at Town Hall. 8. Joe Yucht, Boca High, Town should get better prepared; plan for the future. • Town Commission Tuesdav. November 1, 2005 Page 2 of 6 9. Dan Hinchliff claims proposed Toscana marina was not in the marketing material, and was not aware of it ever being planned. 10. Lezly Garrett, Trafalger, agrees with holiday celebration, get a generator, and look into submerged power lines. 11. Rex Thompson, Toscana, has literature re the marina, and claims that all residents knew the marina would be built. 12. Bart Scadsky,President Toscana Homeowners Association West, stated only 2 or 3 people in Toscana have objection to the marina. 3. PRESENTATIONS PRESENTATION OF UPDATED TOSCANA SITE-PLAN FOR REVIEW OF THEIR DOCK PERMIT APPLICATION AND ITS COMPLIANCE WITH PARAGRAPH iii, PAGE 10 OF THE SETTLEMENT STIPULATION. • John C. Dotterrer, Attorney, represents Omega Group, the developer of Toscana and the applicant for the docks. He noted that the plan for the docks was submitted to the Building Official and the Town Commission in 1997, of which they approved. They have approval from the Florida Department of Environmental Protection, and the U.S. Army Core of Engineers issued permits in February, 2005. Mr. Zammiello showed an rendition of the docks, noting that they will be constructed beyond the mangroves creating a buffer from the view of the buildings. He also noted that the dockage was on the marketing materials and the model in the sales office. After further discussion, the following MOTION was made by VICE MAYOR ASSELTA/COMMISSIONER NEWILL: DOCK PROPOSAL DOES NOT VIOLATE ANY OF OUR CODES WITH REGARD TO COMMUNITY LIMITATIONS OF COMMERCIAL ACTIVITIES OR ANY OTHER PROVISION THAT WOULD MAKE DOCKS ILLEGAL OR IMPROPER, THAT THE PROPOSAL TO BUILD, FINDING NO OBJECTION TO IT, SHOULD GO BACK TO THE BUILDING DEPARTMENT FOR APPROVAL OR ACTION. AS A BOARD, WE SEE NOTHING IN THE PROPOSAL THAT WOULD PERMIT US TO TURN IT DOWN, AS THE PROPOSAL MEETS THE PARAMETERS OF THE SETTLEMENT AGREEMENT. • The following rollcall vote was taken: Commissioner Zwick yes Commissioner Newill yes Commissioner Scala-Piston yes Vice Mayor Asselta yes Mayor Hagelmann yes Motion carried unanimously • Town Commission Tuesday. November 1. 2005 Page 3 of 6 4. BOARDS AND COMMITTEES A) BOARD CORRESPONDENCE: None. B) BOARD VACANCIES: One (1) on Cultural Society Board. C) BOARD ACTION REPORT: Attached D) MONTHLY BOARD MEETINGS: Planning Board - 11/09055 -Regular - 9:30 A.M. Board of Adjustment - 11/01/05 -Public Hearing - 9:30 A.M. Code Enforcement Board -None scheduled. Financial Advisory Board -None scheduled. Beaches & Shores Advisory - 11/08/05 -Regular - 9:30 A.M. Cultural Society Advisory - 11/22/05 -Regular - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS NONE. • 6. OLD BUSINESS DISCUSSION RE GENERATORS. Commissioner Newill felt it should be ordered now, as it may take 6-7 months to receive and install. Mr. Sugerman noted that an engineering firm was engaged to do an engineering analysis to increasing ~k water supply, look at the ground storage facilities, and look at the emergency standby generation needs. The final report should be ready by the end of the month. After further discussion, the following MOTION was made by COMMISSIONER NEWILLNICE MAYOR ASSELTA: FOR THE SAFETY, HEALTH AND WELFARE OF THE COMMUNITY, AUTHORIZE THE ORDERING OF A GENERATOR AS SOON AS WE HAVE THE SPECIFICS. THIS COMES WITHIN THE EXCEPTION AS SET FORTH IN THE FUNDING LIMITATION OF THE TOWN CHARTER. • The following rollcall vote was taken: Commissioner Scala-Pistone yes Commissioner Zwick yes Commissioner Newill yes Vice Mayor Asselta yes Mayor Hagelmann yes Motion carried unanimously. Town Commission Tuesday, November 1, 2005 Page 4 of 6 7. NEW BUSINESS 1) WAIVING BIDDING REQUIREMENTS AND AUTHORIZING THE ANNUAL RENEWAL OF LIBRARY MAGAZINE SUBSCRIPTIONS THROUGH W.T. COX SUBSCRIPTIONS FOR FISCAL YEAR 2005-2006 IN THE AMOUNT OF $6, 528.00. This was accepted by unanimous approval. 2) COMMISSION DISCUSSION RE: STATUS OF LIGHTS ILLUMINATING THE U.S. FLAGS, LOCATED AT THE TWO ENTRANCE WAY FEATURES AT EITHER END OF THE TOWN LIMITS. This item was waived/tabled until a later time. 3) AUTHORIZING A GIFT OF $500.00 TO THE BOCA HELPING HANDS PROGRAM IN THE AMOUNT OF $500.00 IN LIEU OF PRESENTING AN ANNUAL GIFT TO MEMBERS OF THE VARIOUS TOWN BOARDS. • The Board discussed about donating to another organization rather than giving to the same organization every year. Mr. Newill suggested giving the funds to the Cultural Board, keeping it within the community. The following MOTION was made by COMMISSIONER NEWILL/COMMISSIONER SCALA-PISTONE: GIVE THE $500 THAT WAS GIVEN TO BOCA HELPING HANDS LAST YEAR, IN LIEW OF GIVING TO OUR BOARDS GIFTS, AND DONATE THE MONEY TO THE HIGHLAND BEACH CULTURAL BOARD TO BE USED WITHIN HIGHLAND BEACH. Motion carried unanimously. 4) COMMISSION DISCUSSION RE: SETTING A MINIMUM BID FOR THE SALE OF THE SURPLUS WELLFIELD PROPERTY. Commissioner Newill wants to have a plan for what the Town will do with the money, as does Commissioner Scala-Pistone. The other Commissioners want to go forth and set a bid to receive offers. After lengthy discussion, the following MOTION was made by COMMISSIONER ZWICK/MAYOR HAGELMANN: ADVISE THE COMMITTEE THAT THE TOWN COMMISSION WOULD LIKE TO START WITH A 10 MILLION BASE LINE (MINIMUM BID). • Town Commission Tuesday, November 1, 2005 Page 5 of 6 The following rollcall vote was taken: Commissioner Newill no Commissioner Scala-Pistone no Commissioner Zwick yes Commissioner Asselta yes Mayor Hagelmann yes 5) AUTHORIZING FINAL PAYMENT OF $140,000 TO CH2M HILL FOR ALL OUTSTANDING INVOICESASSOCIATED WITH THE PROVISION OF GENERAL ENGINEERING, CONSTRUCTION SERVICES, PROJECT MANAGEMENT, AND OVERSIGHT SERVICES ASSOCIATED WITH THE CONSTRUCTION OF THE R.O. WATER TREATMENT PLANT. Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE, approval was granted to pay CH2m HILL the payment of $140,000. This is a lesser amount than the $240,000 originally requested. MOTION carried unanimously. 8. MISCELLANEOUS -ITEMS LEFT OVER • (1) MINUTES FOR APPROVAL: September 27, 2005 Workshop Meeting MOTION was made by COMMISSIONER ZWICK/COMMISSIONER NEWILL, to accept minutes for approval. Motion met unanimously. 9. REPORTS -TOWN COMMISSION COMMISSIONER JIM NEWILL, CPA: Thanked the Town employees for the tremendous job they did during hurricane Wilma. COMMISSIONER MIRIAM S. ZWICK: Spoke about the library project and how it is coming along so well. COMMISSIONER RACHAEL SCALA-PISTONE: No report. VICE MAYOR ASSELTA: Also thanked the employees, the Town Manager and Department Heads, and how everyone kept smiling as the process moved along. MAYOR HAGELMANN: Stated that the town is a wonderful place to live, and that he is proud to be Mayor. 10. REPORTS -TOWN ATTORNEY No report. Town Commission Tuesdav, November 1. 2004 Page 6 of 6 10. REPORTS -TOWN MANAGER FOP labor attorney is available this week for a closed session, should the Commission be available, as the negotiations need to move along. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Chief Goss offered an update to the curfew. The county wide curfew has been lifted North of Southern Blvd., and South of Southern Blvd. will remain at midnight. 13. ADJOURNMENT There being no further business to come before the Commission at this time, MOTION to adjourn was made by COMMISSIONER NEWILL/COMMISSIONER ZWICK at 4:00 p.m. APPROVAL: Mayor Harold R. Hagelmann Vice Mayor Joseph J. Asselta ,~.. Commissioner Rachael Scala-Pistone Commissioner Miriam S. Zwick Commissioner Jim Newill, CPA ATTEST DATE: ,.