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2007.03.27_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP Tuesday, March 27, 2007 1:30 P.M. Mayor Harold R. Hagelmann called the Workshop to order in Commission Chambers at 1:30 P.M. CALL TO ORDER: Roll Call : Members present: Mayor Harold R. Hagelmann; Vice Mayor Joseph J. Asselta; Commissioner Miriam S. Zwick; Commissioner Jim Newill, CPA; and Commissioner Doris Trinley. Also present: Town Attorney Thomas E. 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, and to remember resident and volunteer Al Bresnahan who recently passed away. 1.ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Receiving no additions or deletions, Mayor Hagelmann declared the Agenda accepted as presented. 2. PUBLIC COMMENTS AND REQUESTS Dan Palaske ? Boca Highlands ? Moved to Highland Beach twenty eight years ago and presently governor of Boca Highlands Center Board. The property where Boca Highlands is located surrounds the Milani Park site and would be most affected by this proposed project. The Center Board of Directors is requesting that three representatives of Boca Highlands be appointed to the committee. To date, we have spent over $100,000 in legal fees protecting our property and would bring a wealth of knowledge. Have sent a letter to the Mayor recommending Ed Fanning, Joe Yucht and Dan Palaske be appointed to the Committee.. Rachael Scala-Pistone ? 2917 S. Ocean Blvd. ? Have been contacted by a number of residents expressing how disturbed they were over the treatment received by Renzo Sciortino at last months meeting. Where is the civility that we possess to have in this Town Commission Workshop Minutes March 27, 2007 Page 2 of 9 Chamber? Have apologized to Mr. Sciortino on behalf of her colleagues. The gentleman owns two restaurants in the area and was volunteering to be on one of two boards. If someone had done their homework they would have discovered that the Code Enforcement Board exonerated him from the violations. Feel he is owed an apology. Art Selnick ? Toscana West ? Here in support of Boca Highlands and their problems concerning Milani Park. A 100 car parking lot will create a traffic problem on A1A. The project is on the back burner but should be moved up to the front as it will affect everyone in Highland Beach. The Town needs to come forward with a positive approach with the state and county. Seymour Strauss ? Boca Highlands ? A concert will be held by the Lyric Chamber st Orchestra Friday evening at 7:30 pm at St. Lucy?s. Effective April 1, I will have resigned from the Board of Directors of the Orchestra. At last month?s meeting, I was threatened that the group would lose its non-profit status if I continued to politic. Have contacted the IRS to find out the alternatives, and was advised to resign. The proper paperwork has been submitted to both the state and the IRS. Joe Yucht ? Boca Highlands - Welcome Doris Trinley. Good health and good luck. Two weeks ago, my wife and I and 98 other people spent an enjoyable evening sponsored by the Cultural Board in the Library listening to Paul Cohen and his jazz orchestra. It was a shame that it wasn?t taped. The building needs some additional lighting along the side walk and walkway. In the dark, the side walk and the road looks like one. Milani Park ? Several weeks ago I raised the idea of the Commission appointing a committee including residents of Boca Highlands. Have copies of documents that go back to 74 pertaining to this park. Have had contact with the surveyors of this property and the attorney?s representing Boca Highlands. Feel my experience and knowledge would be beneficial to this committee. Ed Fanning ? Manager Boca Highlands ? Had been appointed to the first Committee by Mayor Reid. People in the Boca Highlands complex are concerned about the security and anxious to do something with this baron piece of property adjacent to them. 3.PRESENTATIONS None 4.BOARDS AND COMMITTEES A)Board Correspondence - None B)Board Vacancies - One on Financial Advisory Board; One on Cultural Board; One on Planning Board; and Five on Beaches & Shores Town Commission Workshop Minutes March 27, 2007 Page 3 of 9 C)Board Action Report ? None D)Monthly Board Meetings ? th ? Code Enforcement Board ? Workshop ? March 30 ? 9:30 A.M. ? Beaches & Shores Advisory ? April 10th ? Regular ? 9:30 A.M ? Planning Board ? April 11th ? Regular ? 9:30 A.M. th ? Planning Board ? April 25 ? Special ? 9:30 A.M. th ? Board of Adjustment & Appeals ? Quarterly ? April 17 ? 9:30A.M. ? Code Enforcement Board ? Quarterly ? April 18th ? 9:30 A.M. ? Cultural Society Advisory ? April 26th ? Regular ? 9:30 A.M. ? Financial Advisory Board ? None Scheduled 5. PROPOSED ORDINANCES AND RESOLUTIONS None 6. NEW BUSINESS th A) 4 of July Celebration Vice Mayor Asselta ? I thought this would be a fun and enjoyable time for our residents which could be supported through town funds. We could rent a large tent, serve free hot dogs, watermelon, refreshments, have games and entertain- ment. Had the Town Manager contact Delray Beach and Boynton Beach to see how much they spend on cultural entertainment. Both cities allocate about half a percent of their budget. Using that formula, we would be allocating $83,000.00.If you paid $10,000.00 in taxes, only $2.00 of your tax money would be spent on cultural events. The town has a mixed population ? both young families and others enjoying their golden years. Not everyone in the town drives, has good health or is wealthy and has the ability to go out for dinner. We would be providing some sense of entertainment that they might not otherwise have. Question for the Town Manager ? When would a decision have to be made if we were to allocate money for cultural events? Reply ? The mid-year budget adjustment is being made next week. Last year?s tent cost $2,000.00. We could cook the hot dogs ourselves. Call on various boards to participate. Have a fun family day with minimal expense. Mayor Hagelmann ? Are you suggesting $50,000 on an annual basis? Reply -Yes. Comm. Trinley ? Will the tent be air conditioned? From 3-6 pm it will be so hot that you will faint. The concept of $50,000.00 does not appeal to me. Comm. Newill ? My first thought was the reduction in the attendance at ?Light up the Holidays.? Also, agree th with Comm. Trinley ? not the ideal conditions. But mainly, on February 13 I stated that I will not vote for any budget additions during the balance of my term. Recommend that staff start looking at reducing their budget. Comm. Zwick - Do not believe a town of this size is expected to spend tax payer?s money for celebrations. Was under the impression that we gave money to the Town Commission Workshop Minutes March 27, 2007 Page 4 of 9 Cultural Board to give residents experiences. Mayor Hagelmann ? Love cultural activities and seeing people enjoy themselves. Do not want to toss the idea out the window. Think about it. Ask the residents what they think. Vice Mayor Asselta - We have worked hard to stop abuses in the budget. This is such a small item, it would be money well spent. Mayor Hagelmann ? Rather than making a quick decision, let?s put it back on the next agenda so we can give it some more thought. Comm. Newill ? We should request that the Cultural Board investigate the concept and request donations. One hundred people attending a cultural event is about 2% of the residents. Need to include that fact into the equation. B) Revisiting the Selection Process for the Position of Chief of Police Commissioner Newill ? I feel the process used was flawed. We over compen- sated to correct what the previous Board did. We are doing the exact opposite by only going internally rather than externally. Need to go outside than compare both the internal and external candidates. Comm. Trinley ? Would like to ask the Town Attorney for a legal opinion. Town Attorney Sliney ? Consistent procedural issues. If the Commission has taken a vote, a person who voted in the majority can bring the issue up again. It cannot be discussed until someone moves to have it reconsidered, or the new Commissioner brings it up. Town Manager Sugerman ? This is a Workshop Meeting compared to a Regular Meeting. Only discussion is possible. You would need two separate motions and two separate votes. The first hurdle would be a positive vote to move to reconsider before you can even think of the second motion. Comm. Zwick ? I voted in the minority so I cannot bring it up. Comm. Newill ? Since one of the people who voted in the majority is missing who can bring it up. Attorney Sliney ?The new commissioner can bring it up. Vice Mayor Asselta ? When the Town Manager ranked the candidates, Acting Chief Angelillo was not given credit for the courses he has taken over the years. (Vice Mayor Asselta read the list of courses) Think we have the right chief. But we are in need of two additional officers. Our form of government does not allow us to interfere with the Manager as to why we have not hired any additional officers. But I can ask why we are not hiring. Mayor Hagelmann ? Town Manager please respond? Manager Sugerman ? This is not the forum to discuss it. If you would like to come to my office I will be happy to discuss it with you. Mayor Hagelmann ? No desire to make any changes, will not reconsider original motion. Vice Mayor Asselta ? Do not have any desire to change. Mayor Hagelmann ? Attorney Sliney does Commissioner Trinley have the authority to bring this matter up again? Would like the Chief appointed as soon as possible. The Town Manager has put it off waiting for the FDLE check which is not even required by state statutes. Manager Sugerman ? The appointment has to go through the chain of command that had already been put in place. Attorney Sliney ? I have notified the Clerk to contact my office once the report is received. We will review it and redact any information that is not public information prior to copies being distributed. The law is to protect police officers and their families.. C) Designation of a Voting Delegate and Alternate(s) to the Palm Beach County Town Commission Workshop Minutes March 27, 2007 Page 5 of 9 League of Cities, Inc. Town Manager Sugerman ? Each year the Town Commission must take a formal action to designate our voting delegate and alternate(s) to the Palm Beach County League of Cities., Inc. Traditionally, we have designated the Mayor as the Town?s delegate, with all the other member of the Commission, as well as the Manager, as the alternates. This can be done on the consent agenda at next meeting. Mayor Hagelmann ? Last year I took a pass as being the voting delegate, but would like it back this year. D) Consideration of items for 2006-2007 Mid-Year Budget Adjustment Town Manager Sugerman stated that there are only four items to be considered during this mid-year budget adjustment. A resolution will be submitted at the Regular Monthly Meeting. 1)Installation of Trees SR A1A - The Town has been given the formal notice to proceed from FDOT for the installation of the tress on SR A1A (phase I). We have the Town?s initial $115,000 budgeted, but did not budget the FDOT matching money. We need to front the money and then seek reimbursement from FDOT at the end of the project. We will be reimbursed by FDOT, probably next fiscal year, and those funds will then be transferred back to the contingency account. Mayor Hagelmann ? When are we going to get the trees planted? Mgr. Sugerman - We have received notice from the state to proceed and will be going out to BID in the next 30/40 days. Planting more than likely will be done in the summer. Comm. Trinley ? Where will they be planted and who is in charge of maintenance? Mgr. Sugerman ? Placement of the trees has been decided by a plan developed by a landscape architect. A requirement of the contract is to water and fertilize by our Public Works Department. Vice Mayor Asselta ? The placement of trees was also limited by the road. Mgr. Sugerman - In addition to the right-of-ways, existing trees and paved roadway. Mayor Hagelmann -Will there be a warranty? Mgr. Sugerman ? Yes. After the initial warranty, the maintenance will become the Towns? responsibility. 2) Cultural Board ? The Town Commission has asked the General Fund to reimburse the Cultural Board for the funds that they used from their own money to cover expenses associated with the 2006 Light Up the Holidays program. Those expenses amounted to $2,464.00. This reimbursement will also have to be appropriated from the restricted reserves (contingency) of the General Fund. Mayor Hagelmann ? Hasn?t the Commission already approved this. Mgr. Sugerman ? To go forward, the Commission will have to approve by Resolution taking the money from contingency. 3) Utilities Department - The cost of insurance and bonds for the Utilities Department was higher than we anticipated when the budget was first created. Their expense line item for the year has already run over by approximately $66,000.00. In addition, the Financial Advisory Board Town Commission Workshop Minutes March 27, 2007 Page 6 of 9 recently recommended that the Town purchase a $1 million dollar blanket insurance policy for the Town?s three wells. That premium will end up being close to $6,800.00. Therefore, we will need to appropriate an additional $75,000.00 from the Utilities Fund cash balance to cover these expenses. 4)Library Personnel Request ? Attached is a memo from Library Director Mari Suarez proposing to consolidate an existing, but vacant, full-time librarian position with a part-time contract position. (IT services). The person who would fill this new position would have to have the requirements for the Library Assistant and the ability to support the library operations and services. Mari?s memo is fully explanatory and outlines how she wants to modify the full-time position at a blended cost of less than $1,000.00 over the way it is being done at present. Comm. Newill ? Will we be voting separately on each line item? Mgr. Sugerman ? No. All mid-year budget resolutions have to be done by next week. Can provide four separate resolution if the Commission desires. Need to know if the Commission wants four separate resolutions or the Commission can make an amendment to the overall resolution. Comm. Newell ? Let me reiterate, I took a pledge to not vote in favor of any budget transfers. Initially voted in favor of reimbursing the Cultural Board for Light Up the Holidays, but will vote against it now. Will not vote for anything that was not approved in the original budget. Believe it is premature to create another position in the budget knowing that we might be cutting in the future. Vice Mayor Asselta - Support Library personnel combining two positions into one. Librarian Mari Suarez ? My memo lists the job requirements of this new position. Mr. Yucht requested that we tape programs. The IT person could do that. Provide additional services by taping all events in the Community Room. Have 23 computers available to the public. This person would be responsible for maintaining them. Vice Mayor Asselta ? Would not have to call in a service man if something went wrong. Comm. Newill ? Currently the service is provided through a sub-contractor. Net cost of combining the two will be $851.00. Still adding a full time position in perpetuity. Vice Mayor Asselta ? We spent $3 million on that new building, need to get the full use out of it. Comm. Trinley ? Magnificent building. The IT person installed this equip- ment ? very sophisticated and high tech. Having a man during the evening hours will also be a safety factor. E.Milani Committee rd Attorney Sliney ? I will not be at the April 3 Meeting. Would like to have a discussion with the three member committee before making a report. 7) MISCELLANEOUS ? ITEMS LEFT OVER Town Commission Workshop Minutes March 27, 2007 Page 7 of 9 Minutes for Approval at April 3, 2007 Regular Meeting: January 12, 2007 ? Police Chief Selection January 22, 2007 - Special Meeting January 30, 2007 - Workshop Meeting January 30, 2007 - Special Meeting February 6, 2007 - Regular Meeting February 13, 2007 - Special Meeting February 27, 2007 - Workshop Meeting March 6, 2007 - Regular Meeting March 16, 2007 ? Special Meeting Move to Consent Agenda. 8) REPORTS ? TOWN COMMISSION Commissioner Trinley ? No Report Commissioner Newill, CPA ? Reiterate ? my name is spelt ?ill,? and I am not related to anyone else in Palm Beach County. Need to consider where we are spending money. Am concerned where we are going to end up. Something is going to suffer. Commissioner Zwick ? No Report Vice Mayor Asselta - No Report Mayor Hagelmann ? Received a report from FLC on property tax reform. No one seems to know what the Legislature has in mind. If we are going to take a $2.1 million dollar cut in our budget, we are going to have to eliminate personnel. Have reviewed the services provided by the Delray Beach Fire Rescue. Thinking about just having our own EMS services located in Highland Beach and call in fire on a as needed basis. Over 98% of our runs are medical emergencies. Most of our buildings have sprinklers. Comm. Newill ? Fire protection on a per diem basis? Would we not have a fire truck stationed here? Reply ? No. If we do not have a fire truck here, do we get a refund for the $125,000.00 for the light? I understand that a fire truck is deployed with the emergency crew in case of assistance getting into a residence. Part of the argument for the light was the size of the truck. Mayor Hagelmann ? The emergency crew will also have to back up. Comm. Trinley ? Should we not check with Boca Raton and Delray Beach to see if they are interested in covering us on a per diem basis. Comm. Newill ? Need to receive comments from the residents of Highland Beach before we refer it to the Financial Advisory Board. Maybe the residents would like to get rid of the police department before getting rid of the fire department. Mayor Hagelmann ? Do not even know if it is going to work. Do not want anyone to think we are going to cut services. Comm. Zwick ? Have to agree with Commissioners Newill and Trinley. Do not think the FAB should consider contacting Boca Raton and Delray Beach. The Town Manager has a rapport with the other cities. This item falls under the responsibility of the Town Manager. Mayor Town Commission Workshop Minutes March 27, 2007 Page 8 of 9 Hagelmann ? Understand that we have a contract. Mgr. Sugerman ? We have a thirty year contract with Delray Beach with a two year notice provision. Vice Mayor Asselta - Happy to see you are thinking of the tax problem. Now that you mention the fire light. I voted against it. Do not think we need it. Comm. Newill ? Request that it be included on the Regular Agenda Meeting for reconsideration. Atty. Sliney ?It will be a two part process. First there will be a motion to reconsider with discussion. Then a subsequent action. Mayor Hagelmann ? The contract has already been awarded by the county. Mgr. Sugerman ? Town?s participation in this light amounts to $40,000.00. Need to find out how far the county is along in the project. 9.REPORTS ? TOWN ATTORNEY None 10. REPORTS ? TOWN MANAGER Welcome and congratulations to Commissioner Trinley. This is an early consideration, but would like to start the process in the scheduling of the November and December meetings due to the holidays. Suggesting eliminating the workshops and scheduling two regular meetings during the middle of the month. Comm. Newill ? Agree to eliminate the two workshops, but leave th the regular meetings at the regular times. Vice Mayor Asselta ? November 6 will be election day. Is there a problem meeting on that day? Reply ? No. Commissioners Zwick and Trinley ? No preference. Mayor Hagelmann ? Do away with the workshops. Mgr. Sugerman ? Will do away with the workshops and leave the regular meetings on their regular days. Update on an incident that happened last night at the well site. The well driller lost a piece of pipe at the 200 foot mark and was unable to retrieve it. They were to try again this morning but I have not received an update as of yet. 11. CONSENT AGENDA None 12.PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Allan Teller ? Financial Advisory Board ? Suggest you revise the insurance expense figure. Since it will only be a cost for a partial year, the figure will be $3,300.00 not $6,600.00. Riia Futernick ? Coronado Ocean Club and a member of the Cultural Board ? The Board has only been in existence for a year. We have sponsored hundreds of different activities in town giving the residents the opportunity to walk rather than Town Commission Workshop Minutes March 27, 2007 Page 9 of 9 have to leave town. We do not advertise outside of the town and receive very favorable comments on our activities. Joe Yucht ? Boca Highlands ? Next week we will be celebrating Passover. You might ask why this night is different than any other. Or you might ask why our fire house is different than any other? Because our firehouse does not have a light. Doing more harm by reconsidering the approved motion. If you were on the positive side of a motion, you can bring it up again. Commissioner Trinley was not on the board so she has no right to bring up a motion for reconsideration. 13.ADJOURNMENT There being no further business to come before the Commission. Mayor MOTION Hagelmann adjourned the Workshop at 3:45 P.M. upon a by Commissioner Newill seconded by Vice Mayor Asselta. APPROVE: __________________________________________ Harold R. Hagelmann __________________________________________ Joseph J. Asselta, Vice Mayor __________________________________________ Miriam S. Zwick, Commissioner __________________________________________ Jim Newill, CPA, Commissioner _________________________________________ Attest: Doris M. Trinley, Commissioner _________________________ Date: ____________________