2007.04.03_TC_Minutes_Regular
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, April 3, 2007 1:30 P.M.
Mayor Harold R. Hagelmann called the Regular Meeting 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 M. Trinley. Also present: Town Attorney Larry Corman; 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.
1.ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
Vice Mayor Asselta ?In accordance with ?Roberts Rules of Order,? Agenda Item #6C -
Reconsideration of the light in front of the firehouse cannot be reconsidered as it was
not done in a timely manner. Attorney Corman ? As long as his vote was on the
positive side he can bring the motion back to the floor. Commissioner Newill ? Since
the Mayor wants to eliminate the fire house, the circumstances have changed. Town
Manager Sugerman ? On page 60 of Roberts Rules ? Section C ? A Motion to rescind
or amend would be in order. Comm. Newill - Change Item #6C; to a ?Motion to
Rescind.?
Manager Sugerman requested a ?Personal Privilege.? After many years of service, long
time Accounting and Payroll Officer Judy Wright will be leaving employment with the
Town of Highland Beach. I would like to publicly thank her for her years of service,
and to introduce her replacement ? Texx Barnwell.
2.PUBLIC COMMENTS AND REQUESTS
Deborah Chapman McCray ? Believe I am an intelligent, qualified black woman.
Understand that Acting Chief made a statement that I would not fit in. Have 23 years
of law enforcement experience with 8 years being a sergeant. Feel shame and appalled
that in 2007 this type of statement would be made.
Town Commission Minutes
April 3, 2007 Page 2 of 10
Judy Asselta ? 3450 S. Ocean Blvd. ? Disturbed about comments that I have recently
read. Personally know Acting Chief Angelillo and his wife Phyllis, and have never
heard them make any prejudicial comments. While growing up, my father was a
member of the Samuel Huntington Society whose whole focus was to register black
Americans. Never knew any prejudice. Concerned about comments made by town
employees that were not under oath, and tarnished the reputation of Acting Chief
Angelillo. An experienced woman should have the opportunity as any other person to
be appointed to our Police Force.
Joe Yucht ? Boca Highlands ? and Len Feinglass ? Will not be talking about
Highland Beach, but about a bus trip and tour that we recently took to the Michael S.
Gordon Center for Research in Medical Education at the University of Miami. The
tour was sponsored by the ?Friends for Life.? There is another bus trip being offered
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to the residents of Highland Beach on April 23 leaving at 9 am. Seven hundred and
thirty medical centers use this facility for training. It is most interesting on how they
train emergency personnel. It is a great experience. Please contact me at: 561-367-
0700 if you are interested in attending.
Dr. Richard Conlan ? 4317 Intracoastal ? Shocked when I received my water bill. It
went from $272 to $989. Have been a resident for over seven years. Believed when
the new water plant was built it was to save us money. This increase seems to be
targeted towards home owners. Hope complaints will be addressed. We depend on
the Town Commission to provide leadership and look at all aspects of the water
situation. Home owners are concerned about decisions being made.
Larry Bonham ? Have worked as a Highland Beach Police Officer for the last seven
and a half years. Most absurd documents that I ever read. Worked with Acting Chief
Angelillo for two years and have never heard him make a discriminatory comment.
When the Town found out that a union was formed, Sue Gray, Judy Wright and Sue
Kauthen stopped talking to me. Glenn Goss worst chief that I ever worked under.
Barry Seideman ? 4312 Intracoastal ? Have lived here over eighteen years. Do not
understand the water increases. Feel the matrix is slanted against home owners. My
water bill went from $200 to $800. My next door neighbors, who were not even here
for two months, have a $500 bill. Highland Beach is becoming unaffordable. To
triple the water bill is absurd. No one is representing the home owners.
Anita Pearlman ? 2252 S. Ocean Blvd. ? Would also like to comment on the water
bill. The public meetings on the rate increase were held in the summer. Have gone
online and could not locate the legal advertisement. Upset about the treatment of the
police department. If management cannot handle it, they need to remember the term
?public servant.?
Neil Maiorino ? Resident and Police Officer ? Found many things disturbing in the
report. Have tried to talk to the Town Manager unsuccessfully, hope to get a chance
to have an open dialogue with this Board. All we want is a fair shake. Have worked
Town Commission Minutes
April 3, 2007 Page 3 of 10
with Acting Chief Angelillo for over 11 years, and have never heard him make a
derogatory statement. We have had two big investigations in the Police Department
over the last 12 months. Former Chief Goss wanted DeVito fired. Sgt. Reiger was
involved with the missing items, why was he not involved in the hearings? Do not
want to regress back to the Ben Sagg years.
Richard Carl ? Highland Beach Police Officer ? Do not want to repeat prior
comments. The Police Officers like the citizens as much as they like us. Thank you
for your comments Mrs. Pearlman.
.
3.PRESENTATIONS
None
4. BOARDS AND COMMITTEES
A)Board Correspondence
1)Planning Board recommendation to Town Commission
Boat Lifts ? Property located at 1107 Russell Drive ? Lots #A & B
Vice Mayor Asselta ? Do not believe we have sufficient information to
make a decision.
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MOTION:
to table Agenda Item #4A1 until the May 1, 2007 Meeting and to
request that the Chairman of Planning Board attend was made by Commissioner
Newill and seconded by Commissioner Zwick.
Motion carried by Unanimous Voice Vote
2)Planning Board Vacancies
Chairman Townsend submitted an extensive synopsis of his interviews
with the two proposed candidates. He recommends that both Lorenzo Sciortino
and Kurt Kalberer be appointed to the Planning Board.
MOTION:
to appoint Lorenzo Sciortino to the Planning Board for a three-year
term was made by Commissioner Zwick. Motion dies due to lack of second.
MOTION:
to appoint Kurt Kalberer to the Planning Board for a three-year term
was made by Commissioner Newill and seconded by Vice Mayor Asselta.
ROLL CALL
:
Comm. Trinley - Yes
Comm. Newill - Yes
Comm.Zwick - Yes
Vice Mayor Asselta - Yes
Mayor Hagelmann - Yes.
Attorney Corman stated that recently the Planning Board has had to cancel
Town Commission Minutes
April 3, 2007 Page 4 of 10
meetings due to lack of quorum. It is important that the Commission appoint
a full Board.
Mayor Hagelmann stated that applications are available in the Town Clerk?s
Office for any interested person.
B) Board Vacancies ? One (1) Board of Adjustment and Appeals; One (1) Financial
Advisory Board; One (1) on Cultural Board; One (1) on Planning Board
MOTION:
to appoint Jack A. Halpern to a three-year term on the Board of
Adjustment and Appeals was made by Comm. Zwick and seconded by Comm.
Motion carried by voice vote.
Newill.
MOTION:
to appoint Joe Sarubbi to a three-year term on the Financial
Advisory Board was made by Vice Mayor Asselta and seconded by Comm.
Motion carried by voice vote.
Newill.
C) Board Action Report
Accepted report as submitted.
D)Board Meetings ? read into the record by Mayor Hagelmann
?
Beaches & Shores Advisory ? April 10th ? Regular ? 9:30 A.M
?
Planning Board ? April 11th ? Regular ? 9:30 A.M.
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?
Board of Adjustment & Appeals? Quarterly ? April 17 ? 9:30 AM
?
Code Enforcement Board ? Quarterly ? April 18th ? 9:30 A.M.
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?
Planning Board ? April 25 ? Special ? 9:30 A.M.
?
Cultural Advisory ? April 26th ? Regular ? 9:30 A.M.
?
Financial Advisory Board ? None Scheduled
5. PROPOSED ORDINANCES AND RESOLUTIONS
A.
RESOLUTION NO. 07- 008 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING RESOLUTION NO. 866 WHICH APPROPRIATED FUNDS
FOR THE FISCAL YEAR 2006-2007, WHICH BEGAN OCTOBER 1, 2006
AND ENDS SEPTEMBER 30, 2007
Town Manager Sugerman stated that these are the mid-year budget adjustments.
Adjustments are by department and line item including an organizational chart as
of April 3, 2007. Comm. Newill stated he would repeat what he said last week.
Will not vote for any line item that changes the original budget. Opposed to
anything not in the original budget. Manager Sugerman stated that you could
move to extract any item from the proposed Resolution.
Town Commission Minutes
April 3, 2007 Page 5 of 10
MOTION:
by Commissioner Newillto extract the reimbursement of the Cultural
Board and the adjustment in the Library budget. No second.
MOTION:
to adopt Resolution No. 07- 008 R moved by Vice Mayor Asselta and
seconded by Commissioner Zwick.
ROLL CALL
:
Comm. Newill - No
Comm. Zwick - Yes
Comm. Trinley - Yes
Vice Mayor Asselta - Yes
Mayor Hagelmann - Yes.
MOTION CARRIED 4 ? 1 Vote.
.
6.NEW BUSINESS
A)Promotion of Acting Chief of Police Carlo Angelillo to Chief of Police:
Vice Mayor Asselta - Acting Chief Angelillo signed all the necessary forms
authorizing FDLE to do a criminal back ground check. FDLE included a caveat
in the report stating that they do not take a position. After forty two years of
police service, Carlo is being accused of bias and discrimination. In no way do
any of these comments relate to criminal conduct. There are many comments
from agitators in the police department and others that have built up resentment.
These comments are part of this report and were never taken under oath. Carlo
was never given proper credit for all the courses he has taken over his many
years of service. Very disturbed with the tone of this report and comments made
by town employees. Vice Mayor reviewed the complete report page by page.
His complete comments can be heard on tape, which has been made part of this
file.
Acting Chief Angelillo ? When I took over as Acting Chief, former Chief Goss
stated that he would help in the transition. But, I never received any assistance
from him. As a matter of fact, just before he left he shredded numerous papers.
The only files he left can be found in the vault in one box in town hall. We had a
problem locating the application for the female applicant that they refer to in this
report, supposedly it was misfiled. When I contacted her, I explained that I had
just taken over and would get back to her for an interview. Dale Sugerman did
tell me that the applicants were calling him. A letter was written to all of them
stating that I would contact them once I returned from vacation. I made no
discriminatory statements to the investigator. (Further remarks can be heard on
the tape filed as part of this meeting)
Commissioner Trinley ? There was no corroboration to the comments made in
Town Commission Minutes
April 3, 2007 Page 6 of 10
this report. In all the time I worked with Acting Chief Angelillo, I have never
heard him make a derogatory remark. We need to stick with valid majority vote.
Commissioner Newill - Do not want to get into who is right and who is wrong.
As a Commission, we need to see how the Town looks. We are looking very poor
right now. So much as been said and done, need to go outside for a Chief.
Commissioner Zwick - Sat through this entire proceeding and I am very disturbed.
Obviously I was not part of the loop. Embarrassed by an appointment that has
become a political football. Do not know what went wrong. Prior vote was
preconceived. A former Commissioner announced what her choice was before it
even came before the Commission for a vote. We have a great police department, but
have always felt we needed to do a professional search. Am disturbed by the
accusations and character assassinations on both sides. Wish the best for the town,
and will abide by the majority.
Vice Mayor Asselta ? Richard Carl has collected some articles that were printed in
the Palm Beach Post. The newspapers are discriminating to the Chief. They have
convicted him prior to this meeting.
MOTION:
to appoint Carlo Angelillo Chief of Police moved by Vice Mayor
Asselta and seconded by Commissioner Trinley.
ROLL CALL
:
Comm. Newill - No
Comm. Zwick - No
Comm. Trinley - Yes
Vice Mayor Asselta - Yes
Mayor Hagelmann - Yes.
MOTION CARRIED 3 ? 2 Vote.
A Five Minute Recess Was called at 3:55 P.M.
B)Providing Consent to the Town?s Insurance Carrier (Northland Insurance
Company) to Settle the Case Known as Lasorsa vs. Town of Highland Beach
in the Amount of $35,000.00, with $5,000.00 of the Expense being Paid by the
Town as the Policy Deductible:
Vice Mayor Asselta ? Generally this type of item is reviewed in Executive
Session. Who wants to do the background? Who made the false arrest? Sgt.
Reiger. Attorney Corman - There was probable cause for arrest. The legal
defense of the position is: ?What would the cost be to prosecute?? The Town?s
insurance is through Preferred Governmental Insurance Trust which is now in
receivership. The deductible has already been lost. Recommend to take advantage
of the settlement.
Town Commission Minutes
April 3, 2007 Page 7 of 10
MOTION
: move to settle the case known as Lasorsa vs. Town of Highland
Beach in the amount of $35,000.00 with $5,000.00 of the expense being paid
by the town as the policy deductible was made by Vice Mayor Asselta and
seconded by Commissioner Newill.
ROLL CALL
:
Comm. Zwick - Yes
Comm. Trinley - Yes
Comm. Newill - Yes
Vice Mayor Asselta - Yes
Mayor Hagelmann - Yes.
MOTION CARRIED UNANIMOUSLY
C) Motion to Rescind or Amend the Decision to Install a Traffic Control Signal in
front of the Town?s Fire Station.
MOTION:
move to rescind the decision to install aTraffic Control Signal in
front of the Town?s Fire Station made by Commissioner Newill. Motion dies due
to lack of second.
7) MISCELLANEOUS ? ITEMS LEFT OVER
A) Fourth of July Celebration
Comm. Zwick ? Who is going to pay? Are we going to reimburse the Cultural
Board? Vice Mayor Asselta ? Do not have universal support. Comm. Zwick ?
Make a memo to ourselves during budget preparation we consider funding this
next year. Comm. Trinley ? Still think it is not a good idea. Why should we ask
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the Manager to come in and serve hot dogs on 4 of July. There is a
preponderance of beaches and pools in this town.
8) REPORTS ? TOWN COMMISSION
Commissioner Trinley ? No Report
Commissioner Newill, CPA ? No Report
Commissioner Zwick ? We need to have a program explaining the increase in the
water bills to the homeowners. Can understand why they are very angry. Vice
Mayor Asselta ? Did not realize the home owners would be hit so heavy. Need to
appoint an Ad-Hoc Committee to review the rates. Comm. Zwick ?Need a
presentation as a teaching tool. We need to bring forth a more acceptable answer.
We are losing trust with the home owners. Comm. Trinley ? If we are talking about
giving relief, the FAB should be invited to participate. Comm. Zwick ? Not certain
Town Commission Minutes
April 3, 2007 Page 8 of 10
about relief if our taxes will be used to subsidize it. Need education about
conserving and the formula used to determine the rates. Vice Mayor Asselta ? Many
months ago it was suggested that we turn it over to the FAB. They told us to hire an
engineer. Mgr. Sugerman ? Concerned about the statement that not enough
information is being disseminated to the public. Presently working with the President
of Bel Lido Property Owners Association to provide information. If the public will be
patient; new bills will be mailed this week. The first bill was for a ten week period, the
next bill will be for the normal eight weeks and will make a difference. Will put
together a presentation to present to the community on the rates.
Vice Mayor Asselta ? For a period of time, there was a question on who would be
responsible for contaminated water. Attorney Corman ? Under Florida Case Law ?
we have no responsibility. Our responsibility is to supply potable water.
Milani Park ? The Committee (Atty. Sliney, Mgr. Sugerman and myself) have
decided to appoint Joe Yucht of Boca Highlands to the committee. Wanted to review
with him what is being offered and our counter proposal. More than likely will be
asking for some money. Wanted the Commission to know ahead of time.
Mayor Hagelmann ? No report.
9.REPORTS ? TOWN ATTORNEY
Attorney Corman ? All Town issues are reviewed by both Attorney Sliney and myself.
Police conduct may create liability for the Town. Client needs to follow our advice.
Previously advised Acting Chief to give Sgt. Reiger a ?Hearing.? A month later, still
dancing around the issue. Even though he was not a member of the union, he has the
right of due process. Have no personal axes to grind.
10.REPORTS ? TOWN MANAGER
Congratulate Carlo Angelillo on being appointed Chief. There are some deep seeded
problems that began before I got here. Hopefully Carlo and I can work through them.
Highland Beach is a unique place. Looking forward and not looking back to make the
anger and childishness go away. Carlo and I will work together to pull it off.
Chief Angelillo - Once the report was made public, a number of people asked me how I
could work with Dale Sugerman. Answer ? I can work with anybody.
Mayor Hagelmann ? For the best interest of Highland Beach, I am sure you can iron out
your differences.
11.CONSENT AGENDA
Town Commission Minutes
April 3, 2007 Page 9 of 10
A)Designation of a Voting Delegate and Alternates to the Palm Beach County
League of Cities, Inc. ? Voting Delegate Mayor H. Hagelmann; Alternates ?
Vice Mayor Asselta; Commissioner Zwick; Commissioner Newill;
Commissioner Trinley; and Town Manager Sugerman.
B) Minutes:
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
MOTION:
Vice Mayor Asselta moved to approve the Consent Agenda as
presented, seconded by Commissioner Zwick.
ROLL CALL
:
Comm. Trinley - Yes
Comm. Newill - Yes
Comm. Zwick - Yes
Vice Mayor Asselta - Yes
Mayor Hagelmann - Yes.
MOTION CARRIED UNANIMOUSLY
.
12.PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED
AT MEETING
Judy Asselta - 3450 S. Ocean Blvd. ?Sorry that people do not stay for the whole
meeting. How did this happen. Dale ? How did you permit this on your watch?
Hope there is a severe effort to correct all the problems.
Joe Yucht ? Boca Highlands ? Can we schedule a Milani Park Meeting tomorrow so
that I can be brought up to date? Reply ? 10:00 AM.
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13.ADJOURNMENT
There being no further business to come before the Commission. Mayor
Town Commission Minutes
April 3, 2007 Page 10 of 10
MOTION
Hagelmann adjourned the Workshop at 4:40 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: ____________________
4/23/07