2009.06.02_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, June 2, 2009 1.30 P M
Mayor Jim Newill, CPA called the Regular 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; and Commissioner John J. Pagliaro. Absent -Commissioner
John J. Sorrelli -hospitalized. 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 moment of silence in
honor of members of the military, both living and deceased. Mayor Newill requested that the
assembly give a special thought to Commissioner Sorrelli.
Civility Pledge: Town Clerk Brown recited the Civility Pledge for the Commission and public.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
Agenda accepted as presented.
2. PUBLIC COMMENTS AND REQUESTS
Joe Yucht -Boca Highlands
Recently had a conversation with the Manager at the Boca Raton Airport in regards to the
patterns of airplanes and helicopters. He stated the air traffic from this airport was monitored
by the Tower at the airport under the supervision of Palm Beach International. Helicopters
can basically fly where they want to, unless they get too close to an airplane and then they
are notified. The direction taken by the airplanes is dependent upon weather, flight conditions
and air traffic. When they reach 500 feet, the Tower directs them into a specific flight
pattern.
3. PRESENTATIONS
None
Town Commission Minutes
June 2, 2009 Page 2 of 6
4. BOARDS AND COMMITTEES
A) Board Correspondence
None
B) Board Action Report
Read into the record by Town Clerk Brown.
C) Board Vacancies
Beaches & Shores Advisory Board -One Unexpired Term
D) Monthly Board Meetings -read into the record by Town Clerk Brown.
• Cultural Board -June 4a' (May Meeting) - 9:30 A.M.
• Beaches & Shores Advisory -June 9th -Regular - 9:30 A.M.
• Planning Board -June 10th -Regular -Canceled
• Board of Adjustment -June 16th- Regular - 9:30 A.M.
• Code Enforcement Board -June 17th -Regular - 9:30 A.M.
• Planning Board -June 23rd -Workshop - 9:30 A.M.
• Cultural Advisory -June 25th -Regular - 9:30 A.M.
5 PROPOSED ORDINANCES AND RESOLUTIONS
None
6. NEW BUSINESS
A) Authorizing the Mayor to send a letter to Hodgson Russ, LLP terminating the Retainer
Agreement dated October 5, 1999 between the Town and Hodgson Russ, LLP.
Town Attorney Sliney -The Town Manager and I have discussed how the legal
representation of the Town will be handled. Within 30 days, I will forward a new retainer
agreement. Until that time when it is approved, I will continue to work under the present
agreement.
MOTION: Vice Mayor Zwick moved to authorize Mayor Newill to send a letter to Hodgson
Russ, LLP terminating the Retainer Agreement dated October 5, 1999 between the Town and
Hodgson Russ, LLP; seconded by Commissioner Trinley.
ROLL CALL:
Vice Mayor Zwick - Yes
Commissioner Trinley - Yes
Commissioner Pagliaro - Yes
Town Commission Minutes
June 2, 2009 Page 3 of 6
Mayor Newill - Yes
Motion passes with a 4-0 vote.
7. MISCELLANEOUS -ITEMS LEFT OVER
A) Authorizing the Mayor to Sign a Participation Agreement with the Florida Municipal
Investment Trust
Town Mana er Su eg_rman - Recently a presentation was made to the Commission by the
Florida League of Cities (FLC) on the various investment opportunities that the League
offers through the Florida Municipal Investment Trust (FMIvT). The League is offering a
new product called the FMIT 0-2 Year High Quality Bond Fund. By authorizing the Mayor
to sign the participation agreement, we would become a member of the Florida Municipal
Investment Trust and utilize their expertise with their investment products.
Mayor Newill called for a motion.
No motion received.
B) Authorizing the Mayor to sign the May 12, 2009 letter to Hodgson Russ, LLP
transferring the files and documents of the Town of Highland Beach to Thomas E.
Sliney, Esq.
Town Mana er Su eg rman -This authorization is to transfer the files from Hodgson Russ to
Town Sliney, not the law firm of Buckingham, Doolittle and Burroughs. To date, we have
not received a new retainer agreement.
Town Attorney Sliney - I agree with the Town Manager's comments.
Commissioner Pagliaro -Will we be receiving proposals from other law firms? Feel we
need to do due diligence and solicit other quotes. If we are going to take on a new law firm,
believe we should solicit other proposals.
Vice Mayor Zwick -Large firms with considerable strength do not necessarily lean in one
specific direction. These firms have specific attorneys dealing with specific fields. Unless
you want to look directly for an attorney who only specializes in municipal government, it
will be the same with any large law firm. Our question is, do we want to look for another
attorney? My response is "NO." Not in favor of putting out inquiries to other law firms. If
he is the guardian of our files, do not see need for any change.
Mayor Newill -Hearing from several Commissioners, each taking a different position, do we
want to table this until Commissioner Sorrelli returns?
Town Mana er Su e~ -The issue before the Commission is authorization of transferring
the files from Hodgson Russ to Attorney Sliney as custodian. We are not discussing a
proposed retainer agreement from Buckingham, Dootlittle and Burroughs.
Town Commission Minutes
June 2, 2009 Page 4 of 6
MOTION: Commissioner Trinlev moved to authorize the Mayor to sign the May 12, 2009
letter to Hodgson Russ, LLP transferring the files and documents of the Town of Highland
Beach to Thomas E. Sliney, Esq.; seconded by Vice Mayor Zwick.
ROLL CALL:
Commissioner Trinley - Yes
Vice Mayor Zwick - Yes
Commissioner Pagliaro - Yes
Mayor Newill - Yes
Motion passes with a 4-0 vote.
Attorne Sliney -Basically all that is going to transpire is that I will be working with a
different law firm. It will be my expertise that you receive. There will be an associate in the
firm that will back me up. With Buckingham, Doolittle and Burroughs, I will have the
ability to call on different associates for their expertise. If the Town is unhappy with my
performance, then you should go out and look for another attorney.
8. REPORTS -TOWN COMMISSION
Commissioner Pa~liaro - No Report.
Commissioner Sorrelli -Absent.
Commissioner Trinlev - No Report
Vice Mayor Zwick - No Report.
Mayor Newill -Would like to restate my report from last meeting. At the May 19th County
Commission Meeting, new south County Commissioner Steven Abrams, not only endorsed
the County Attorney's opinion that they sue the Town of Highland Beach over the conditions
adopted by the Commission in regards to Milani Park, but encouraged the other county
commissioners to also vote in favor of it. The final vote was 5-0 on this Resolution.
Commissioner Abrams did not show any consideration to Highland Beach residents by
voting in favor of the Resolution. If he had voted against it, the vote would have been 4-1
and it still would have passed. I am encouraging the residents to remember this next year
when there will be an election for a south county commissioner. The residents should be
looking for someone more sympathetic to the wishes of the voters in south county.
9. REPORTS -TOWN ATTORNEY
No Report.
Town Commission Minutes
June 2, 2009 Pale 5 of 6
10. REPORTS -TOWN MANAGER
The Town has been put on notice by the County. The notice informs us of Palm Beach
County's intent to initiate Intergovernmental Conflict Resolution procedures pursuant to
Chapter 164 of Florida State Statutes. They have taken exception to 5 of the 43 conditions of
approval adopted by the Town Commission. The notice stated which conditions, why and
the justification of their opposition. They have suggested that we meet at the end of July or
beginning of August. The dates they have chosen are the dates of two of our regularly
scheduled meetings. I will send them alternative dates during the same time period.
Would also like to remind the Commission that there will be an Closed Door Shade Session
in the large conference room immediately following this meeting.
11. CONSENT AGENDA
A) Amending the Town's Purchasing Policy
B) Authorizing the Purchase of Sodium Hydroxide via aPiggy-Back Contract with Palm
Beach County
C) Minutes
Apri127, 2009 -Special Meeting
April 28, 2009 -Workshop Meeting
May 5, 2009 -Regular Meeting
Mayor Newill asked if anyone would like to remove any item from the Consent Agenda?
MOTION: Vice Mayor Zwick moved to approve the Consent Agenda; seconded by
Commissioner Pa lg iaro.
ROLL CALL:
Vice Mayor Zwick - Yes
Commissioner Pagliaro - Yes
Commissioner Trinley - Yes
Mayor Newill - Yes
Motion passes with a 4-0 vote.
12) PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Joe Yucht -Boca Highlands
Town Commission Minutes
June 2 2009 Pa e 6 of 6
What are the five conditions that the County has taken an exception to? Reply -Conditions
#5, #6, # 10, # 14 and #43 .
13) ADJOURNMENT
There being no further business to come before the Commission, Mayor Newill adjourned
the Regular Meeting at 2:15 P.M. upon a MOTION by Commissioner Pagliaro and
seconded by Commissioner Trinley.
APPROVE: ~
Jim ewill, CPA, Mayor
Miriam S. Zwick, V' Mayor
~"
Doris M. Trinley, Commissioner
J.
ssioner
ATTEST:
znti G era-~.~--''
Beverly M. B own, MMC
Town Clerk
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