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2007.06.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, June 5, 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 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. 1.ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Mayor Hagelmann inquired if there were any ?Additions or Deletions?? None submitted. Mayor Hagelmann on behalf of the Commission thanked Mr. Al Zwick for assisting in the video taping and cablecasting of the meeting. 2.PUBLIC COMMENTS AND REQUESTS Kathleen Wolff ? 105 Russell Drive ? Feels the town has lost numerous trees due to the hurricanes and the widening of A1A. Rather than making a parking lost on the west side of A1A where the proposed Milani Park is situated, the county should plant trees. Understand that the proposal has been on the books for a lengthy time, but we need more green. Jeff Rembaum of Ruden McClosky ? My firm represents four of the six homeowners who are members of the Beach Byrd Estates Homeowners Association. Beach Byrd Estates. Ltd, recently filed a petition to build a mega-house on the two remaining lots within the Community. For clarification, the Applicant remains in control of the Association, so the balance of the homeowners living in Beach Byrd Estates organized themselves as an ad-hoc committee. Part of the ?Consent Agenda? for this evening is an item appointing Rusty Roberts as Independent Counsel for the Planning Committee. Mr. Sliney?s decision to recuse himself is commendable though it should have occurred sooner. Mr. Roberts is a litigator who has worked closely with Mr. Sliney in defending the Town in other litigious matters. An independent counsel is needed who is neutral and has the requied real-estate and land planning background to opine on the Town Commission Minutes June 5, 2007 Page 2 of 13 issues at hand. We are requesting that this item be pulled from the ?Consent Agenda? until the town is able to appoint a more qualified real-estate attorney. Attorney Sliney ? Mr. Roberts is very familiar with the Town?s Zoning Codes and has represented the Town in a number of contentious cases. Vice Mayor Asselta ? Will the decision of the Planning Board come before the Town Commission? Atty. Sliney- Depends on the decision of the Planning board whether it comes before the Commission or the court system. Deanna Kelvin ? Braemar Isle ? Following the Commission?s meeting with Comm. McCarty, I left with the distinct impression that this Board was not going to make a decision on Milani Park, and let it die on the vine. What did I miss? Now read that you are going to forward recommendations to Mary McCarty, even though the property is still in litigation. After all this time, what is the urgency? The Commission has made a 180 degree turn. I am disappointed in the Boca Highlands Center Committee. The report indicates nothing new or special. All it indicates is a willingness to be manipulated. The Commission should be reviewing the long term benefits to the town residents. What are the cultural benefits? How about free parking for residents? How can the park charge for parking and have a restaurant? Mayor Hagelmann ? The Boca Highlands Center Committee is made up of representatives from each building within Boca Highlands, these recommendations are what they have agreed upon and approved. Joe Yucht ? Boca Highlands ? Continuing the discussion about Milani Park, we are not asking for exclusive use of the parking lot at night, but for all residents of Highland Beach. Requesting that the county build a tastefully decorated wall around the perimeter. The county is going to have to negotiate with Boca Highlands for drainage through our property. These are our suggestions, but anyone within the town can submit suggestions prior to the county finalizing the site plan. Time is of the essence. Commissioner McCarty wants to see this project through before she leaves office. Dennis Sheridan ? 3114 S. Ocean Blvd. ? 1) Under ?New Business? there is an item approving a detective vehicle and I understand the detective position is part time. When you pass by St. Lucy?s Church, there are five police vehicles parked there. Why can?t one of these be used rather than buy another vehicle. 2) Milani Park ? We all are in sympathy with the residents of Boca Highlands, but when this Commission makes a recommendation to the County, it affects all the residents. The Azura property next to the Monterey House is another example of a piece of disastrous property in Highland Beach. When the town sells the water property can the Town buy it as a passive park? Rachael Scala-Pistone ? 2917 S. Ocean Drive ? Concerned that a final decision needs to be made on Byrd Beach Estates. I see a pattern of the Commission approving unnecessary funding. The Commission needs to set guidelines for justification of transfers. Recently I heard at the Library that the lap top computers that we purchased for the police are going to be given to the library. Urge the Commission to watch their pattern of spending tax payer?s money. Comm. Newill ? I watch the budget very closely. What is being spent in the budget that you were not part of the approval? Mrs. Scala-Pistone ? I did not approve the retirement Town Commission Minutes June 5, 2007 Page 3 of 13 fund not the additional police cars. What about the $2,000.00 for the Navy League? Comm. Newill ? The police vehicle is in the budget that you approved. Comm.Trinley ? Since that time, the Commission has adopted a resolution not to donate to anything unless it was to a natural or local disaster. 3.PRESENTATIONS None 4. BOARDS AND COMMITTEES A) Board Correspondence None B) Board Vacancies Vacancies: One (1) Board of Adjustment and Appeals; Two (2) Cultural Board. Mayor Hagelmann stated that the Chairman of Boards with vacancies should be interviewing the Talent Bank applicants and making a recommendation to the Commission. C)Board Action Report Accepted report as submitted. D)Board Meetings ? read into the record by Mayor Hagelmann ? Beaches & Shores Advisory ? June 12th ? Regular ? 9:30 A.M ? Planning Board ? June 13th ? Regular ? 9:30 A.M. ? Code Enforcement Board ? June 20th ? 9:30 A.M. ? Cultural Advisory ? June 28th ? Regular ? 9:30 A.M. ? Board of Adjustment & Appeals? None Scheduled ? Financial Advisory Board ? None Scheduled 5. PROPOSED ORDINANCES AND RESOLUTIONS None Proposed 6.NEW BUSINESS A)Approving the Purchase of a Detective?s Vehicle for the Police Department. Comm.Newill ? Disappointed in this request at this time. This is the wrong time to be spending money. This item should be put off until next year?s budget. The Town?s appraised value has gone down. Our reserves are going to have to make up for the difference in the budget. Comm. Trinley ? Is the appointment of the detective required for accreditation? Chief Angelillo ? The money is in the budget for this vehicle. The lease has expired on the unmarked car that Chief Goss previously used, and has been returned. The detective position is a full time position, and the Town Commission Minutes June 5, 2007 Page 4 of 13 car will be used for investigations. When he is not assigned to an investigation, he will be on patrol. Manager Sugerman ? The position is Detective/Patrol Officer. When/if incidents slow down, he will be assigned as a patrol officer. Comm. Trinley ? Why can?t he use a patrol car? Chief Angelillo ? Previously we only had three patrol cars and four officers were assigned to one car. Due to the mileage, these cars lasted only two years. By purchasing extra cars they will last longer. MOTION: Commissioner Newill moved to ?not? purchase the detective vehicle at this time. Motion died for lack of second. MOTION: Vice Mayor Asseltamoved to approve the purchase of a detective vehicle for the police department; seconded by Commissioner Zwick. Discussion: - Comm. Newill ? Why don?t we table for 30 days until the Legislature makes a decision on funding. Vice Mayor Asselta ? We are talking about a budgeted item. Whenever we delay an item, it ends up costing us more. ROLL CALL: Vice Mayor Asselta - Yes Commissioner Trinley - Yes Commissioner Newill - No Commissioner Zwick - Yes Mayor Hagelmann - Yes Motion Passed 4-1 7)MISCELLANEOUS ? ITEMS LEFT OVER A)Authorization for Mayor to sign a Contract with Vila & Son Landscaping for SR A1A Streetscape Project Comm. Zwick ? Comm. Trinley requested that this not be put on the Consent Agenda until someone could answer whether these trees should be planted at the beginning of the hurricanes season. Before I spoke in favor of the project, I contacted Eugene McElroy of the University of Florida to solicit his opinion. His reply email stated that in general, it takes seven months for palms to establish themselves. He also recommends that they be staked until they take root. Palm trees grow more actively in warm wet periods. If they are planted in December, they will take longer to establish and will not be well rooted before the next hurricane season begins. Comm. Trinley ? I contacted the Botanical Society Hotline for their opinion, and they vacillated maybe ? yes; maybe ? no. Vice Mayor Asselta ? Do not take my comments as against it, but is the money more important than the beautification of A1A? Mayor Hagelmann ? Once the hurricane season is over, the snowbirds begin to come back. The planting of ninety eight sizeable trees will create quite a bit of congestion on A1A. The planting should be done as soon as possible. MOTION : Vice Mayor Asselta moved to authorize the mayor to sign a contract with Vila & Son Landscaping for the A1A Streetscape Project; seconded by Comm.Zwick. Town Commission Minutes June 5, 2007 Page 5 of 13 ROLL CALL: Vice Mayor Asselta - Yes Commissioner Zwick - Yes Commissioner Newill - Yes Commissioner Trinley - No Mayor Hagelmann - Yes Motion Passed 4-1 B)Citizens Serving on More than One Advisory Board Comm. Zwick ? We previously have had discussions on this item, as we did not want to encourage people serving on more than one Board in order to give all residents the opportunity. At various times, we have made an exception for experience. Even though we do not have a written policy, we need to encourage people to submit their names to the Talent Bank. I endorse the policy of ?no citizen serving on more than one board.? MOTION: Commissioner Zwick moved toendorse a policy of not allowing citizens to serve on more than one Board at one time; seconded by Vice Mayor Asselta. Discussion ? Manager Sugerman ? We already have one person serving on more than one Board, so the policy will be from this point forward. Commission can revisit if the circumstances change. ROLL CALL: Commissioner Zwick - Yes Commissioner Trinley - Yes Commissioner Newill - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes Motion Passed: 5-0 C) Development of a recommendation to Palm Beach County re: Milani Park Manager Sugerman ? Commissioner McCarty called requesting an update on last week?s Workshop. She was well aware of the seven point letter. Before the end of this week or next, the County will be submitting their plans for the ?proposed park.? The process will be as follows: 1) County submits application and site plan on property owned by the County. 2) Plans submitted to the Building Department. The Building Department Staff will review the plans. After the Staff reviews the plans, they will make comments. 3) At this time, the County can/may respond to the comments made by our Staff. 4) The County will then finalize the plans, and submit their final plan. 5) The plans will be forwarded to the Planning Board for Public Hearing. 6) The Planning Board will forward their recommendation to the Town Commission. 7) The Town Commission will then have a Public Hearing. 8) The Commission will have the final say on the application. Attorney Sliney - The original plans were submitted in 2002. In December of 2002, the Town received a letter from Audrey Wolf stating the County was indefinitely suspending the application. This will be a ?Special Exception? and will be subject to Town Commission Minutes June 5, 2007 Page 6 of 13 Section 30.67 ? 30.69 of the Code. Vice Mayor Asselta ? The seven point letter takes away some of the negotiation points with the county. After listening to Deanna Kelvin, do not know if everyone in Boca Highlands is in agreement or even know about the seven points. These points are really not beneficial to either Boca Highlands or the residents of Highland Beach. Do we need a 100 car parking lot? Whom else will be able to use the lot? Do we need a life guard? How much beach is there at low and high tide? Decisions should not be made when most of our residents are gone for the summer. What are our trade offs? Not totally satisfied with the seven points presented by Boca Highlands. Were all the residents in agreement? Mayor Hagelmann ? Disagree with the last statement. The Board of Governors approved the seven point letter, and they represent all the people. Comm. Newill ? Different conversations with town residents and Boca Highland residents produce different results. There are 597 Boca Highland residents compared to 4,200 residents in the rest of Highland Beach. All residents of Highland Beach need to have an opinion. Mayor Hagelmann ? Every resident of the town passes this area. It is deplorable. Looks like a bomb hit it, plus rocks, stench, bugs, mice. Our concern is to please everyone in Highland Beach. Vice Mayor Asselta ? The property is an eyesore. Why was it done? Mgr. Sugerman ? The Town did not participate in the clear cutting. Mayor Hagelmann ? Braemar Isle asked that the trees be cut down for a better view, and Boca Highlands was willing to pay $25,000 to have it done. Spoke to Mary McCarty and she said that the state had a program in place to take down the Australian pines due to their destruction of other natural trees. Manager Sugerman ? The area became a real mess after the August 2005 hurricane. Comm. Zwick ? The request to clear this area had been done 2 ½ years earlier before the Australian pines became a problem. When the county finally got to clearing the area, the pines had become so intermingled with everything else on that lot, it was necessary to clear cut everything except the wetlands. Vice Mayor Asselta ? Let?s meet with the county and try to negotiate. Comm. Trinley ? Let?s stop talking about the seven points. Accept the fact that the county is going to submit the plans to the Building Department for their review and opinions. Mayor Hagelmann ? Mary McCarty is already aware of the seven points and she is delighted. Mgr. Sugerman ? Comm. McCarty is aware that the Town Commission has not agreed to the seven points. Mayor Hagelmann ? Mary McCarty is aware that the Town Commission will consider approving a 100 car parking lot. Mgr. Sugerman ? The Town Commission has not agreed to the 100 parking spaces. Vice Mayor Asselta ? I thought that on this Board, no one person can represent the Board without the authority of the whole Commission. Town Attorney Sliney ? You are correct. If someone has made a representation on behalf of the Commission without their authority, it is not binding. It appears that the Commission has no problem with plans being submitted and allowing a natural course of action. Comm. Zwick ? Cannot imagine that Commissioner McCarty is going to accept a letter from someone in town and accept it as the official position of the Town Commission. The seven point letter could have been submitted by anyone in Boca Highlands as a representation of their opinion only. Joe Yucht ? Committee Member ? The letter was written to me as a Committee member from the Boca Highlands Center Board. The Committee has not even discussed it. This Committee has done absolutely nothing. Very disappointed. I talked to M. McCarty and she was anxiously looking to see what we would agree on. The county will be forwarding the plans the way they want them. The Town Commission missed a good opportunity to submit their opinions. Time is of the essence. The Town has lost a lot of ground. Mgr. Sugerman ? I am one of the four committee Town Commission Minutes June 5, 2007 Page 7 of 13 members, and I have a completely different opinion of what transpired. We talked quite a bit and reviewed the prior plans. The Committee came up with recommendations, but did not allow the Boca Highlands seven points to be the guiding factor. This is an agenda item, and the Commission needs to take a position. Frankly, do not feel the Boca Highlands letter should be the recommendation of the Commission to the County. Mayor Hagelmann ? this is what came out of the Workshop. Vice Mayor Asselta ? Agree with the Town Manager. The Committee came up with recommendations and do not feel we should submit the Boca Highlands letter as the Commissions position. The letter was going to be put on the Consent Agenda by instruction of the Mayor. The Town Commission and the Committee should be acting as one. Let?s accept the site plans, have the Building Official review it, forward his remarks to the County and then they can submit a formal application. Attorney Sliney ? Agree with Town Manager. The Committee did discuss the Boca Highlands letter that does not address the beach side of the property. Manager Sugerman ? This Board is the permitting agency ? it can either grant or deny the application. If anyone thinks that we have lost something to the County, they are mistaken. MOTION: Vice Mayor Asselta moved to proceed as recommended by the Town Manager that Mary McCarty be advised that we have made no decision other than to let her proceed according to standard methods of submitting and we will wait for her submission of the site plan; seconded by Commissioner Newill. Discussion : Comm. Zwick ? Is a letter necessary? We really do not have to advise her. We are in a position to wait and see if is imminent. Anything we now submit to the county?s parks department will not have any affect on the plans. Vice Mayor Asselta ? Just doing it as a courtesy. We were not very nice to her the last time she was here. Manager Sugerman ? Historically, there may have been some type of vote of the Commission putting things on hold. That it was some how the Commissions? official position that things were hold. If anything the Commission might want to lift any indication that its our belief things should be on hold pending litigation. Attorney Sliney ? This goes back five or six years. I know there was a vote at the Planning Board level basically because of the litigation that the town did not want to go ahead until legal issues were resolved. I could not find anything that the Town Commission did the same. So if you want to clarify it, you might do a letter to Commissioner McCarty saying: ?We understand you are going to submit an updated site plan for the park. Once we receive it, we will process it in accordance with the Towns? regulations.? ROLL CALL: Vice Mayor Asselta - Yes Commissioner Newill - Yes Commissioner Trinley - Yes Commissioner Zwick - Yes Mayor Hagelmann - Yes Motion Passed: 5-0 Town Commission Minutes June 5, 2007 Page 8 of 13 D) Consideration of the sale of the 2.17 acre old water plant property: Town Manager Sugerman ? Do not have a lot of background. Town has received two unsolicited offers on this property within the past sixty days. Comm. Newill ? The last offer that we received was more than the appraised value of two years ago. Feel we should pursue the sale by advertising for the next 30 days. Eventually the money will go back into the water plant funding. By creating a reserve fund, it can help us pay down the loan and be instrumental in helping with the replacement of the very old water line. Town Attorney ? what process would we need to use to be sure that money is used explicitly for the water plant? Town Attorney Sliney ? Last year the Manager asked that I research the sale of the property and concluded the following: In the absence of a city charter provision, the governing body, may in its discretion choose and utilize whatever method or procedure it decides will be in the best interests of the City and most likely produce the best price for the property. Based on the above, we believe that the Town can utilize the procedure it deems in the Town?s best interests and likely to produce the best price. We also reviewed the appropriate method to authorize the sale of town property once the town has an agreement with a buyer (i.e. Resolution or Ordinance). If and when the Town reaches an agreement for the sale of either of the two properties we will prepare an ordinance authorizing the Town to sell the property in accordance with the proposed agreement of sale. Since the appraisal is relatively recent, you can use that figure as a benchmark. Manager Sugerman ? During the process of soliciting bids the last time, the bottom of the market fell out. In addition, the highest bid had contingencies. Attorney Sliney ? Most bidders will include conditions with their contract. The way to go is ?as is.? Comm. Trinley ? This latest unsolicited bid was ?As th is.? Manager Sugerman ? The latest proposal was received on May 14, with the condition that th it be accepted by May 9. Contacted the proposed buyer who stated he would extend the date. The other way to go is through an ?auction house,? but this might be a cumbersome project. Comm. Newill ? Think we should pursue unsolicited offer. Believe the Town Manager and Town Attorney should check to see if this is a serious bid. Comm. Trinley Is there a way to see if this is a sophisticated buyer? Comm. Newill ? Why do we not authorize the Town Manager and Town Attorney to pursue this offer? As much as I am for selling the land, the money needs to go back to the water operation. Comm. Trinley ? Only if that is part of the ordinance. Comm. Newill ? A future Commission could change it. Attorney Sliney ? It would be a lot harder to change an ordinance. Manager Sugerman ? Would like to order a new appraisal, and if it is the Commission?s mind to give authority to the Town Attorney and Town Manager to request the prospective buyer to submit an ?offer of sale and a contract.? Attorney Sliney ? We can request a written offer from the prospective buyer and if you are serious, put it in a contract. Comm. Trinley ? How much would an appraisal cost? Reply - $2,500.00. Mayor Hagelmann ? Feel the Town Attorney and Town manager should pursue this bid. Manager Sugerman ? At the next workshop meeting will have a new appraisal and possibly an offer to purchase. E)Fundraising by the Highland Beach Cultural Advisory Board Comm. Zwick ? Mayor Hagelmann appointed me as the ?liaison? between the Commission and the Cultural Board. This Board is the only one that raises money from the residents. In addition, they plan their own events, offer classes and hold cultural events without charging a fee. This Board was originally set up to raise their own fees. Last meeting some comments were made about the inappropriateness of asking for donations, especially since they used town stationary. The funds of the Cultural Board are not kept separate, but intermingled with the regular town?s Town Commission Minutes June 5, 2007 Page 9 of 13 money. Comm. Trinley- The solicitation letter should never have been mailed under town stationary. Our Code ? Section 2.2 specifically states: ?all town stationary shall be processed by town staff members only.? Comm. Zwick ? they are part of the town. Do we not want them to continue? Vice Mayor Asselta ? Recall, we were concentrating on authorizing the contents of the letter, not the stationary. Should not have let them use the town stationary. Comm. Zwick ? OK. They can write a letter soliciting funds, but it cannot be on town stationary? Can they legally solicit funds? Attorney Sliney ? The problem is that they are not another entity. They should not be soliciting funds unless they come under a 501C3. The Commission will have to make an exception. Manager Sugerman ? Beaches & Shores Advisory Board has sent out letters on town stationary asking opinions. The Cultural Board is a representative of this Commission. The Code does not address solicitation of funds. Is it appropriate to solicit funds under the name of Highland Beach? One of their charges is to raise funds. I authorized the use of the stationary. Had them bring their program to the Town Commission for your approval. Comm.Trinley ? How about this last solicitation? Manager Sugerman ? No, because it was for membership. Comm. Newill ? Have always been against charging taxpayers for programs in public buildings. Comm. Trinley ? Feel they should be a 501C3. We really created a monster as there are no guidelines. Attorney Sliney ? You would have to disband the Board and tell them to incorporate and apply for a 501C3. Comm.Trinley ? Is there another venue under which they could operate? Comm. Zwick ? The work they do is really thought out and very worthwhile. I, would like them to continue to operate as they are now. Comm. Trinley ? Does any other City have a board that operates like this? Manager Sugerman ? None have a Cultural Advisory board, what they have are Recreational Boards that budget money for cultural activities. Mayor Hagelmann ? Is it our desire to fund their whole budget? Or to allow them to use our stationary to solicit funds? Vice Mayor Asselta ? We charged them to be self supporting. My problem is that they are addressing only 2% of the population, and it is not right. They would gain additional support if more people attended their programs. Comm. Zwick - The Commission formed the Cultural Board, they plan events in the town, and we should allow them to use our stationary. Comm. Newill ? Maybe they should design their own letterhead. Vice Mayor Asselta ? But, ?Light Up the Holidays? will be approved in the next budget. MOTION: Commissioner Zwick moved to allow the Cultural Advisory Board to use Highland Beach stationary when soliciting funds providing that they have both Town Commission and . Staff approval for their fundraising projects; seconded by Commissioner Newill ROLL CALL: Commissioner Zwick - Yes Commissioner Trinley - No Commissioner Newill - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes Motion Passed: 4 ? 1 Town Commission Minutes June 5, 2007 Page 10 of 13 F)Revisiting the placement of a Traffic Light in front of the Highland Beach Fire Station Vice Mayor Asselta ?Initially, we talked about bringing this motion back for reconsideration. Attorney Sliney ? Under ?Robert?s Rules of Order? and the Town?s Procedures, someone in the majority vote is the only person that can bring a motion for re-consideration. Vice Mayor Asselta ? Disagree. When you bring it up at a later date that is incorrect. Quote from Roberts Rules of Order: ?Reconsideration of a Vote on a Later Day? ? Every member?s right to debate in the reconsideration of a question begins over again, regardless of speeches made previously, if reconsideration takes place on a day other than that on which the vote to be reconsidered was taken. Mayor Hagelmann ? The Vice Mayor was the only descending vote. Commissioner Newill stated he had taken a survey and people were in favor of it 7-1. Vice Mayor Asselta? When it first came up, the Town Manager never made a statement. Manager Sugerman ? The former Police Chief, Fire Chief and myself all had the same mind that it might confuse drivers and would not be an improvement. Vice Mayor Asselta ? Also understand that the County Commission has put this project on hold. Manager Sugerman ? there is a pipeline for county improvements, and it is still in the pipeline. The cost of the light is approximately $100,000.00. Commissioner McCarty committed $60,000.00 in discretionary funds and we have already paid our $40,000.00. Vice Mayor Asselta ? In view of the funding situation, feel we should do something to save funds. Mayor Hagelmann ? The final cost of the traffic signal is $101,000.00 which includes a 15% contingency. FDOT has not approved the plans. Commissioner McCarty agreed to pay $60,000.00 with discretionary funds with the Town of Highland Beach paying $40,000.00. the money has already been forwarded to the county, and we also have spent about $3,000.00 on curbing modifications. We need to go ahead and proceed. Comm. Newill ? The real problem is that 7-1 people were talking in favor of it. The Town Manager has stated that the Fire Chief and Police Chief were against it, even though we have letters agreeing to it. Manager Sugerman ? Their letters stated that they were not opposed to it. Do not want to say anything further. Attorney Sliney ? Suggest that we schedule on another agenda. Vice Mayor Asselta ? If I am wrong, I can still bring it up. Trying to have the County return the $40,000.00. MOTION : Vice Mayor Asselta moved to rescind the vote for placement of a traffic light in front of the hire house as it is not a safety factor and do not need to waste money; seconded by Commissioner Newill. ROLL CALL : Vice Mayor Asselta - Yes Commissioner Newill - Yes Commissioner Zwick - Yes Commissioner Trinley - Yes Mayor Hagelmann - No Motion passed ? 4-1 (rescind previous motion) Comm. Newill ? The County Administrator has put all county projects on hold. Mayor Hagelmann ? Need to speak out. Can?t see how you can disapprove something that protect us and the people who protect us. Just trying to prevent an accident from happening in front of the fire house. I have never passed a firehouse that did not have a traffic light in front of it. Comm. Town Commission Minutes June 5, 2007 Page 11 of 13 Trinley: Regarding stations that have traffic lights, are they on two lane roads? Mayor Hagelmann ? Yes ? have been up in the hills of New England to major cities. The Highland Beach traffic is getting worse. Feel this is a mistake. 8) REPORTS ? TOWN COMMISSION Commissioner Trinley ? Mr. Sugerman, thank you for getting me the cost of producing the ?Highlander.? Feel $15,000.00 is out of line, and need to find other ways of getting the infor- mation to the residents. Vice Mayor Asselta ? Think that communications from Town Hall is mandatory. How much can you actually save by re-vamping. Most people in town read the ?Highlander.? Comm. Zwick ? Agree with comments that we might be able to cut back. What would it be - $1,000.00/$1,500.00. Just pennies. Commissioner Newill, CPA ? No report. Commissioner Zwick ? No report. Vice Mayor Asselta ? No report. Mayor Hagelmann ? Saddened by what took place today. No report. 9)REPORTS ? TOWN ATTORNEY No report. 10)REPORTS ? TOWN MANAGER No report. 11.CONSENT AGENDA A)Authorization to Hire Independent Counsel for Planning Board ? Byrd Beach Estates Ltd. B)Approval of Change Order #2 ? Florida Design Drilling Corporation for Work Associated with the Construction on Well #8 creating an increase in project in the amount of $45,805.66 C)Approval of Increase in Professional Services Contract with ARCADIS for Construction oversight Work Associated with the Construction of Well #8 in the amount of $10,483.00 D)Minutes Regular Meeting ? 4/3/07 Workshop Meeting ? 4/24/07 Regular Meeting ? 5/1/2007 Town Commission Minutes June 5, 2007 Page 12 of 13 Special Meeting/Attorney Client Session 1 ? 5/14/2007 Special Meeting/Attorney Client Session 2 ? 5/14/2007 Special Meeting/Attorney Client Session 3 ? 5/14/2007 MOTION: Vice Mayor Asselta moved to approve the Consent Agenda; 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 12.PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Elizabeth Susskind ? Beach Byrd Estates ? Our attorney spoke on our behalf at the beginning of the meeting. We are upset that you hired Attorney Roberts. Once an attorney recuses himself from a case, he should not have a say in who is going to replace him. Do not see Mr. Roberts having an objective point of view. To date, have not found an approved site plan for Beach Byrd Estates. The fire department is also a concern of Beach Byrd Estates due to the access. In addition, the fire truck is over 10 years old and needs to be replaced. Attorney Sliney ? Understand Mrs. Susskind?s point of view, but do not believe it should be discussed before the Town Commission. Mr. Roberts will make his own decisions. Had discussed the appointment with the Town Manager, who directed me to make a determination. Mr. Roberts has a lot of experience with zoning in this community. 13.ADJOURNMENT There being no further business to come before the Commission. Mayor MOTION Hagelmann adjourned the Workshop at 4:50 P.M. upon a by Commissioner Newill seconded by Vice Mayor Asselta. APPROVE: __________________________________________ Harold R. Hagelmann Town Commission Minutes June 5, 2007 Page 13 of 13 __________________________________________ Joseph J. Asselta, Vice Mayor __________________________________________ Miriam S. Zwick, Commissioner __________________________________________ Jim Newill, CPA, Commissioner _________________________________________ Doris M. Trinley, Commissioner Attest: _________________________ Date: ____________________