2008.11.25_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, November 25, 2008 1:30 P.M.
Mayor Jim Newill, CPA called the Workshop Meeting to order in Commission Chambers at
1:30 P.M.
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; 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
• Agenda accepted as presented.
2. PUBLIC COMI~~NTS AND REQUESTS
Harold Ha elg mane -Boca Highlands
Former Mayor -concerned that statutes were changed during time of former Town
Manager and you should review them and bring them back to where they were before Ben
Saag. Wish everyone a happy holiday. Comm.Trinley - Do you mean ordinances not
statutes? H. Hagelmann -Town Commission only a rubber stamp for the Town Manager.
We have given him too much authority. Mayor Newill -Town is run according to Charter
and ordinances. The Commission takes great pride in the work and service that the Town
Manager and Town Clerk provide to both the Commission and the residents of this Town.
Town Attorney S1ineX -Town of Highland Beach has always been a strong Town Manager
form of government. Nothing has been changed recently.
Joe Yucht -Boca Highlands
Why is it when a resident is term limited out they do not get recognized, but when a
Commissioner goes to a two day seminar he is recognized? Why did the Milani Park tape
stop during the Countiy's presentation? Comm. Trinley -The Deputy Town Clerk
provides a certificate to the resident along with a thank you letter. Town Clerk Brown -
Town Commission Workshop Minutes
November 25, 2008 Page 2 of 6
stated - no one has complained about the tape being incomplete, and she had sat in her
office with the former Mayor reviewing it.
Seymour Strauss -Boca Highlands
The Lyric Chamber Orchestra has just begun their 6d' year and their first performance will
be Friday at St. Lucy's. At next month's meeting, can public comments be included as
part of the Milani Park public hearing?
3. PRESENTATIONS
None
4. BOARDS AND COMNIITTEES
A) Board Correspondence
• None
B) Board Action Report
• None
C) Board Vacancies
• Cultural Board - 3-Year Term
Elizabeth Eidelson of 4222 S. Ocean Blvd. -Recent resident; originally worked at
the Miami airport as a project manager; family in area; graduated from high
school in Boca Raton and then studied art and design in Paris. Would like to
contribute something to the Town.
Move to December 2nd consent agenda.
D) Monthly Board Meetings
• Light Up The Holidays -Sunday -Dec. 7d' - 5:30 P.M.
• Beaches & Shores Advisory -Dec. 9th -Regular - 9:30 A.M
• Planning Board -Dec. 10th -Regular - 9:30 A.M.
• Bd. of Adjustment -Dec. 16th -Regular - 9:30 A.M
• Code Enforcement Board -Dec. 17th - 9:30 A.M.
• Cultural Board -Dec. 18`t' - 9:30 A.M.
5. PROPOSED ORDINANCES AND RESOLUTIONS
None
6. NEW BUSINESS
Authorizing the Town Manager to sign an Engagement Letter with Lewis, Longman
& Walker, P.A. of West Palm Beach to Represent the Town in Challenging a
Town Commission Workshop Minutes
November 25, 2008 Page 3 of 6
Proposed Rule by the South Florida Water Management District for Year-Round
Irrigation.
Town Mana er Su eg_rman - I recently advised you that the South Florida Water
Management District (SFWMD) has proposed a new rule dealing with the topic of year-
round landscaping irrigation. Historically, Highland Beach has been exempt from these
types of rules because we area 100% alternative water supply (AWS) system. However,
SFWMD is attempting to change the rule that has provided us with an exemption in the
past. If adopted, the irrigation restrictions exemption will no longer apply to AWS
systems, and will only be available to systems that use reclaimed water. If this proposed
rule is adopted, it will have an adverse impact on our system revenues as well as an
enforcement burden to our staff. I am recommending that we challenge the rule being
proposed by the District. I have been talking with one of the preeminent law firms in the
state that deals with utility regulation. Lewis, Longman & Walker, (LLW) P.A. will be
representing Fort Lauderdale, Boca Raton and Delray Beach as they challenge the rule.
LLW has offered to represent the Town of Highland Beach at a negotiated flat rate of
$5,000.00. It is my recommendation that the Town Commission authorize me to sign the
engagement letter.
Move to December 2nd consent agenda.
'~ MISCELLANEOUS -ITEMS LEFT OVER
• Minutes:
October 28, 2008 -Workshop Meeting
November 4, 2008 -Regular Meeting
Move to December 2nd consent agenda.
8. REPORTS -TOWN COMMISSION
• Commissioner John Pagliaro -The November 16d' Sun Sentinel did an article regarding
the tax rates within all the communities in Palm Beach County: seventeen
municipalities had no change; fourteen had increases and seven had decreases.
Highland Beach was one of the seven.
• Commissioner Sorrelli - No report.
• Commissioner Trinley - No report.
• Vice Mayor Zwick - Having served the Town of Highland Beach as an elected official
for five years, I have attended a number of seminars. Whatever we take away from
these seminars help all of us to make better judgments for the residents. If more than
one of us attends the same conference, we each take a different class and then share the
Town Commission Workshop Minutes
November 25, 2008 Page 4 of 6
information. Hope that there is no reluctance on the part of the residents of the
Commission attending educational seminars.
• Mayor Newill -Not only is the educational seminars beneficial, but also the
networking. The results of our two referendum- questions are as follows: Question #1 -
Pledging Ad Valorem taxes to repay the water plant debt: Yes - 1,537 No - 1,061;
Question #2 -Pledging Ad Valorem taxes to fund the construction of the water
transmission line -Yes 1,761 No 877.
9. REPORTS -TOWN ATTORNEY
• Update on plans for dealing with obstruction on SR AlA
State Road AlA is governed by FDOT with the exceptions that the Town has a
Memorandum of Understanding regarding shrubbery and trees. The Town can take two
approaches on this concern: 1) Section 16-3 -Parking in right-of-way (ROW). Include a
provision that there will be no further landscaping in the ROW without Town Commission
approval. OR -nothing can be put in the ROW. Simplest way to deal with this, is to
create an ordinance allowing certain item in ROW or subject to a Code Enforcement action.
Mayor Newill -Where can the landscaping trucks park or when residents have a large
party? Atty. Sliney -Select items that are permissible or not allowed and I will create an
ordinance. The Town Commission does not have jurisdiction over AlA, FDOT allows the
Town to regulate the activities. Town Mana er Su eg rman -The original obstruction list
from FDOT had 800 items that included trees, hedges, reflectors, address signs, mail boxes,
etc. If you want to make some of these obstructions illegal, there are two ways to go: 1)
everything or 2) only the following are allowed -low plantings and break away signage.
Comm. Pa liaro -Residents started using reflectors as a means to protect their sod and
small shrubs. Mayor Newill - We would eliminate the reflectors and pyramids if we
enforced the "no parking." Mana eg r Su eg rman - We have more aggressively been
enforcing the no parking in the ROW. Code Enforcement suggested that the Town plant an
18-24" hedge in the ROW throughout the Town. Feel it would cost a lot of money initially
and then to maintain. Comm. Trinley -Town Manager can you get a list of the obstructions
and the cost to plant and maintain a hedge throughout the Town? Then schedule for a
January Workshop.
10. REPORTS -TOWN MANAGER
1) Remind the Commission that there is an Executive Session scheduled immediately
after this meeting in the large conference room.
2) Police Chief Recruitment - We initially received 105 applications; short listed it to 26
highly qualified candidates; I then conducted 10 telephone interviews; and since then
four candidates have removed themselves from consideration. Recommend that we
schedule a round robin interview so that each one of you can talk to the candidates on
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November 25, 2008 Page 5 of 6
a one-to-one. The afternoon can be dedicated to a public meeting interview of each
candidate before the entire Commission. Then possibly schedule a social event where
the public can meet the candidates. Mayor Newill -Schedule the interviews for
Friday December 6`~. We can do the interviews in the morning, have lunch and then
schedule a special meeting for the afternoon to select the appointment. Manager
Superman -Suggest pickin~ a second date in case not everyone can make the first.
Dates - ls` choice - Dec. 5 at 9:00 am or Dec. 8a` at 9. A special meeting will be
scheduled to identify who the ls` and 2°d choice candidates are. Balloting will be
paper ballot, and each person needs to initial their own ballot as they are public
records. You will be making a ls` a 2°d choice in case the Town Attorney and I
cannot negotiate an offer with the first choice.
11. CONSENT AGENDA
• None
12. PUBLIC CONIlVIENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Louis Reidenbera - 3720 S. Ocean Blvd. and Chairman of the Code Enforcement Board
If you review the tape of the meeting where the presentation of the Code Enforcement
Board was made, a motion was made by the Commission instructing the Town Attorney
and Town Manager to prepare an ordinance regarding these obstructions. I find it
astonishing that the Code Enforcement Board worked on this project for over a year with
the knowledge of the Town Attorney and Town Manager. Why serve on a Board if your
work is going to be ignored.
13. ADJOURNMENT
There being no further business to come before the Commission, Mayor Newill adjourned
the Workshop Meeting at 2:25 P.M. upon a MOTION by Commissioner Sorrelli seconded
by Commissioner Pa liaro.
APPROVE: • ~
Jim Ne ill, CPA, Mayor
Miriam S. Zwick ~ayor
~,~- /~ . ~
Doris M. Trinley, Commissio er
Town Commission Workshop Minutes
November 25, 2008 Page 6 of 6
ATTEST:
Beverly M. B own, MMC, Town C~jlerk
.Date: ~ /