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The meeting was called to order by Mayor Aaskov and roll call was answered by the following: Commissioner Bingham Commissioner Kaleel Commissioner Pugh Commissioner Schulte Mayor Aaskov Pledge of Allegiance Public
Hearing 1. Presentation of Tentative Budget and Proposed Millage rate for Fiscal Year 2003-2004 a. Comment from Commissioners and Public Town Clerk
Hancsak stated that the budget changes were made as directed by the Commission
and also that the financial summary, requested by Comm Bingham, had been sent to
all the Commissioners on Comm Bingham
stated that she felt a large portion of the public works landscape
responsibility is now being done by Blue Water Lake Management and felt the
department should be cut back. Town Manager Dailey explained that the public
works personnel have a long list of tasks that they are responsible for and that
many of their tasks require two employees. She stated that the tasks are
numerous and include such things as maintaining the There was no
comment from the public
b.
Adoption of Tentative Budget for Fiscal Year 2003-2004 Comm Kaleel moved that a budget
in the amount of $3,322,655 be tentatively adopted for the 2003-2004 Operating
Fund, and a budget in the amount of $152,270 be tentatively adopted for the
2003-2004 General Obligation Debt Service Fund, seconded by Comm Schulte. c. Adoption of Tentative Millage Rate for Fiscal Year 2003-2004 Comm Pugh moved that a millage of $4.0000 per $1,000 of assessed valuation be tentatively adopted for the 2003-2004 general operating revenues, and that a millage of $.2946 per $1,000 of assessed valuation be tentatively adopted for the 2003-2004 bond debt service for the General Obligation Water Improvement Bonds of 1991, seconded by Comm Bingham.
d.
Announce Computed Millage Rate Exceeds Rolled Back Rate by 5.86% Mayor Aaskov announced that the computed millage rate exceeds the rolled back rate by 5.86%.
e.
Public Hearing Date for Final Adoption Mayor Aaskov announced that the
date and time of the second and final public hearing is established as Public
Comment
None Announcements,
Deletions, Modifications, and Approval of Agenda Attorney
Spillias requested to add a brief discussion on a letter he received from
Attorney Richard Levenstein regarding the right-of-ways. Comm Bingham requested to add a
discussion regarding the plantings on Mayor Aaskov requested to add a
discussion on the Construction Board of Adjustment for appeals. Comm Schulte
requested to continue the Expectations and Assumptions discussion from meeting
held at Comm Kaleel
requested to correct the minutes from the July 29, 2003 meeting to read that he
did not object with the balance sheets but disagreed with the check registers. Consent
Agenda
2.
Minutes of
3.
Minutes of the
4.
Ocean Ridge Resolution No. 2003-15; Amending the Deferred Compensation
Plan to Permit Loans Comm Kaleel
moved to approve the agenda and consent agenda as amended, seconded by Comm
Schulte.
5.
Presentation of “Check” for First Grant Awarded for Stormwater
Project By:
Honorable Mary McCarty, Comm McCarty
thanked everyone for all the hard work put into the stormwater project and
stated that it is commendable that the Town got involved with the grant program.
Comm McCarty mentioned that a lot of hard work will be needed to start the
project and spend the grant money before May 2004. At this time
Comm McCarty presented Mayor Aaskov with the stormwater project grant check. Public
Comment George
Bierlin, Diane
Crigger, Department of Environmental Protection, stated that she was proud to
have the town involved in the grant program and stormwater project. Mrs. Crigger
advised that she is pleased that the grant money is being spent and the Lake
Worth Lagoon restoration is moving forward because it is a priority water body. Actions and
Reports
6.
Request to Approve Assignment of Current Garbage, Trash and Recycling
Collection
Contract with Waste Management who is Purchasing Some BFI Assets By: Harold
Carter/Waste Management and Sally Stanton/BFI Town Manager
Dailey stated that Waste Management has entered into an agreement for the sale
and purchase of certain BFI assets in south Town Clerk
Hancsak mentioned that she contacted several local municipalities that are
currently serviced by Waste Management and received positive feedback. Town
Attorney Spillias stated that the BFI contract calls for limited assignment and
suggested that if approved to make the contract clear that BFI’s obligations
are met through the remainder of the contract. Comm Schulte
moved to approve the Assignment and Assumption of Contract as Addendum #3 to the
current Garbage, Trash and Recycling Collection Contract, seconded by Comm Pugh. Motion
carried - yea 5.
7.
Request for Fountain in Philip
Barlage, Comm Pugh
stated that he has concerns with being responsible for the maintenance of the
fountain. He explained that the type of fountain proposed is not easy to
maintain. Comm Pugh advised that the water will have to be supplied by the Town.
He also said the purchase and storage of pool poles, filters and chemicals,
repairs and replacement of pumps and motors will have to be done by the Town
which can be very expensive. Comm Schulte
stated that he would love to have a fountain on all of the medians but if the
Town commits to maintaining one cul-de-sac it will appear that a special
privilege is being given. Comm Kaleel
stated that he likes the idea but questioned if the Town could realistically do
a good job maintaining a fountain. He mentioned that he would be in favor of
anyone improving the beautification provided it can be realistically maintained. Comm Bingham
advised that she has a fountain in her back yard and replaces her pump
approximately every four years. She did not feel it was a tremendous project. Comm Pugh
suggested that the size and scope of the fountain be reduced and offered to
assist with working on plans. The item was
tabled until the September 16th meeting to be submitted with
alternatives for the fountain. Public
Comment Christina
DeAngelo,
8.
Approval of Hydro-geologist Contract in the amount of $127,000 from the
Capital
Projects Fund By: Kathleen Dailey, Town Manager Dailey Town Manager
Dailey stated that in order to complete the design for bidding the drainage
wells option for the stormwater drainage project, the services of a
hydrogeologist are required. Town Manager Dailey advised that per the
recommendation of the Town Engineer at the Special Town Commission Meeting of Town Engineer Tropepe stated that the proposed contract with Gerhardt M. Witt & Associates to do the hydrogeologic consulting services for the drainage wells for the stormwater drainage project is $126,852.48 from the Capital Projects Fund. Comm Schulte
moved to approve the contract with Gerhardt M. Witt & Associates, Inc. in an
amount not to exceed $126,852.48 from the Capital Projects Fund for the
hydrogeologic consulting services for the stormwater drainage project, seconded
by Comm Kaleel. Motion
carried - yea 5.
9.
Approval of the Electrical Engineering Contract in the Amount of $25,000
from
the Capital Projects Fund By: Kathleen Dailey, Town Manager Town Manager
Dailey stated that in order to complete the design for bidding the stormwater
drainage project the services of a professional electrical engineer are
required. Town
Engineer Tropepe explained that there is $25,000 budgeted for the necessary
electrical engineering design. She advised that as part of the bid for the
stormwater drainage project, Smith Engineering Consultants, Inc. (SEC) is
proposing to provide the electrical design, including power, control,
instrumentation and backup generator, for the construction of the Comm Kaleel
requested that each contract be kept track of where it appears in the budget. Comm Schulte
moved to approve the contract with Smith Engineering Consultants, Inc. in an
amount not to exceed $25,000 from the Capital Projects Fund for the electrical
engineering services for the stormwater drainage project, seconded by Comm Pugh. Motion
carried - yea 5. Resolutions
None First 10. Ordinance No. 542; Amending Section 67-58 of the Code of Ordinances, toReduce the Minimum Permit Fee Town
Attorney Spillias stated that the Commission has tentatively approved a permit
fee schedule which establishes a minimum permit fee of $45.00, and Section 67-58
of the Code of Ordinances establishes a minimum fee of $50.00. Atty Spillias
explained that establishing a permit fee less that $50.00 would violate the
Town’s Code of Ordinances and either the Ordinance or Resolution must be
amended to maintain consistency. Town Clerk
Hancsak stated that renewal notices and permit fee schedules have been mailed to
contractors which state the minimum permit fee is $45.00. Comm Kaleel
moved to approve Ordinance No. 542 on first reading, amending section 67-58 of
the Code of Ordinances, to reduce the minimum permit fee to $45.00, seconded by
Comm Pugh. Motion
carried - yea 5. Second 11. Ordinance No. 541; Amending Section 34-6 of the Code of Ordinances, concerning removal of rubbish, noxious plants, stagnant water and weeds; providing for exceptions to it’s requirements Town Atty
Spillias stated that the ordinance was adopted on first reading at the August 4,
2003 meeting with the following changes: exempting out the invasive species that
must be removed by the year 2006, removing item #6 regarding binding oneself not
to build or develop property for a period of ten years, and adding language to
#5 to include, through no action of the property owner. Comm Kaleel
moved to approve Ordinance No. 541 on second reading, amending section 34-6 of
the Code of Ordinances, seconded by Comm Pugh. Motion
carried - yea 5. 12. Discussion regarding letter received by Attorney Richard Levenstein in reference to the clearing of the right-of-way Attorney
Spillias summarized a letter he received from Attorney Richard Levenstein on
behalf of Mr. & Mrs. Morrison regarding the code enforcement violation by
the Town to remove their fence which is located in the right-of-way.
Atty Spillias explained that the Morrison’s are scheduled for a code
enforcement hearing on Comm Kaleel
stated that the Town should preserve today’s rights and is in favor of
minimizing legal expense. Director
Hillery questioned if code enforcement should continue citing the right-of-way
obstructions. Atty Spillias suggested that the code enforcement officers
continue compiling a list of inventory that distinguishes between fences,
landscaping, trees that block or allow passages, etc. and bring the list back to
the Commission on the September 16th meeting if possible. Comm Kaleel
moved to continue with the code enforcement special master hearing scheduled on Motion
carried - yea 5.
13. Corrine
Street, Comm Bingham stated that there
are huge plantings at the Thompson and Director Hillery stated that
most homes encroach in the right-of-ways with mailboxes, shrubs, etc. Town Clerk
Hancsak clarified that at the time the obstructions were put in there was not an
Ordinance to enforce and staff is enforcing any new obstructions within 5’ of
the road. Comm Bingham suggested that the
landscaper, Lewis Graham, be informed of what vegetation and vines should be
cleared or trimmed on the Dune on the East side of Old Ocean Blvd. Mayor Aaskov
stated that the Dune begins at the pavement and should be trimmed so the
vegetation does not grow over the right-of-way on the east and west sides. Mayor
Aaskov also stated that Lewis Graham would need permission from Florida
Department of Environmental Protection to remove any vines from the Dune.
14. Construction
Board of Adjustments and Appeals Town Manager Dailey stated that
Building services will be coming in-house on October 1st, and the
Commission will need to make appointments to the Construction Board of
Adjustments and Appeals. She mentioned that the Commission had suggested that
the P&Z serve as this board to review appeals to technical codes. Comm Kaleel moved to appoint the
Planning and Zoning Commission to sit as the Construction Board of Adjustment,
seconded by Comm Pugh. Motion carried - yea 5.
15. Expectations
and Assumptions Continued Comm Schulte stated that the
comments from the public could be heard first. Public Comment Lawrence O’Daly, Mr. O’Daly questioned how long
it would take to replace the Town Manager and what the impact would be to the
drainage project. Comm Kaleel answered that the hiring process takes three to
four months and Mayor Aaskov stated there is a Town Engineer and Project
Coordinator working on the drainage project. Town Engineer Tropepe stated
that there are several items that are still outstanding that the Town Manager
has been involved with before construction can begin. Engineer Tropepe explained
that the estimated date of October 1st to go out to bid was made with
the assumption that the “team” would be working together. She mentioned that
Town Manager Dailey has been working on the grants and submittals to Philip Barlage, George Bierlin, Patricia DeStefano, Richard Lucibella, 5 Beachway
N., stated that he understands how hard the matter is for the Commission and the
Town Manager. Mr. Lucibella mentioned that he likes Town Manager Dailey however
that is not the issue. He commented that the Town Manager acts as the CEO to the
Town and the Commission is equivalent to a Board. Mr. Lucibella stated that it
is easier for those who are pleased with the Town Manager to speak highly of her
but he knows there are other residents that have frustrations. He also stated
that giving Town Manager Dailey guidelines now would be an insult to her and
that the Commission does not need a cause for termination because she is a
contracted employee. Jeffrey Willens, Christine DeAngelo, Sandra
Morrison, James Bonfiglio, Comm
Kaleel stated that he did not understand how the discussion on expectations and
assumptions turned into a discussion regarding termination. Comm Kaleel advised
that he disagreed with Mr. Lucibella and felt guidelines and communication is
necessary. He also said it was dangerous to classify a Town Manager as a CEO
because the Town Manager answers to the Commission and the residents. Comm
Kaleel agreed there was room for improvement but he did not agree with all the
points mentioned. He added that he noticed that negativity can come from
unsatisfied persons. Mr. Lucibella stated he took that comment personally to
which Comm Kaleel stated the comment was made in a general sense. Comm Kaleel
did not feel termination was the appropriate action. Lawrence O’Daly, Comm Schulte moved to terminate
Town Manager Dailey according to the contract effective immediately, seconded by
Comm Bingham. Town Clerk Hancsak stated that
this was a very difficult time to consider termination due to the approaching of
fiscal year end. Comm Pugh stated that Town
Engineer Tropepe had the most important opinion and she felt it would be a
mistake to terminate Town Manager Dailey. Town Attorney Spillias stated
that the Town would have to have someone to deal with the grants and loans for
the stormwater drainage project and that an Engineer cannot do it alone. Atty
Spillias cautioned a decision that could cost the Town a lot of time and work. Mayor Aaskov stated that
Engineer Tropepe was instrumental in obtaining the stormwater grants. Engineer Tropepe advised that
the staff including Town Manager Dailey, Town Clerk Hancsak and Project
Coordinator Tait were instrumental in helping obtain the grants. She asked that
the Commission understand that all the staff has been involved. Town Clerk Hancsak stated that
regarding the plan iews, she has mainly assumed the role because of the code
re-write and all of the office staff and Hy-Byrd were fairly new employees. She
explained that she is specifically asked for by architects and residents to
review plans because of her knowledge of the old and new codes. Comm Kaleel advised that Comm
Schulte cannot be condemned for his opinion but that the timing is not good. He
also stated that he did not hear anything that has risen to the magnitude for
termination. Town Manager Dailey stated that she is committed to her position
and would like a chance to work on any issues the Commission has. Comm Kaleel
questioned if Town Manager Dailey could work on the issues mentioned by the
Commission and tweak her performance. Comm Kaleel commented that the
October deadline seems to be an issue and questioned if there was a middle
ground for the probationary period instead of a decision of this magnitude. Comm
Kaleel suggested extending the probationary period to 90 days with three months
severance instead of the current six months severance. Comm Schulte stated that he
would attempt to aid Town Manager Dailey but he felt three months was not
sufficient and suggested a probationary period of six months with three months
severance. Comm Kaleel agreed that six
months probation was fair and hoped everyone could come together without
animosity or discord among the commission or residents. Comm Kaleel questioned
if the Town Managers contract could be modified to six months probation with
three months severance. Town Manager Dailey stated that
she would accept six month probation with three months severance but would ask
for a super majority vote of 4-1 for termination by the Commission. Comm Schulte
stated he would not agree to a super majority vote because he felt it would be
taking the rights away from the Commission. Town Manager Dailey accepted the
six month probation with three months severance if terminated by the Town
Commission. Comm Schulte withdrew his motion, Comm Bingham withdrew her second. Comm Kaleel moved to extend the
three month severance provision in the contract with the Town Manager until the
regular March 2004 Town Commission meeting provided that during this period the
Town Manager will not be terminated without cause. If the Town Manager is
terminated at the regular March 2004 Town Commission meeting she will be
entitled to three months severance and if the Town manager is not terminated at
the March 2004 meeting, the six months severance will become effective, seconded
by Comm Bingham. Motion carried - yea 5. Adjournment Meeting
adjourned at ___________________________ Mayor Aaskov ___________________________ Commissioner Bingham Attest By: ____________________________ ________________________ Commissioner Kaleel Town Clerk ____________________________ Commissioner Pugh ___________________________ Commissioner Schulte |
