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2007.08.07_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, August 7, 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; 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. Absent - Vice Mayor Joseph J. Asselta. 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 requested that the letter from Chief Angelillo dated August 3, 2007 be added to the Agenda under ?New Business.? 2.PUBLIC COMMENTS AND REQUESTS Rachael Scala-Pistone ? 2917 S Ocean Blvd. and a past commissioner; I would like to exclude Commissioner Trinley from these comments. Recently the Commission has been engaging in unnecessary rude comments. Many people are questioning why this is happening. Civility needs to be returned to these chambers. Commissioner Trinley ? How have we been uncivil? Reply ? Do not want to respond. Everyone in town is talking about it. 3.PRESENTATIONS None 4. BOARDS AND COMMITTEES A)Board Correspondence ? None Town Commission Minutes August 7, 2007 Page 2 of 7 B) Board Action Report ? Accepted report as submitted. C) Board Vacancies ? Vacancies: One (1) Board of Adjustment and Appeals D)Monthly Board Meetings ? read into the record by Mayor Hagelmann ? Planning Board ? August 8th ? Regular ? 9:30 A.M. ? Beaches & Shores Advisory ? August 14th ? Regular ? 9:30 A.M ? Code Enforcement Board ? August 21st ? Regular ? 9:30A.M. ? Planning Board ? August 22nd ? Special ? 9:30 A.M. rd ? Cultural Advisory ? August 23 ? Regular ? 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS A) RESOLUTION NO. 07-011R ? A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING RESOLUTION NO. 866 WHICH APPROPRIATED FUNDS AND PERSONNEL FOR THE FISCAL YEAR 2006-2007, WHICH BEGAN OCTOBER 1, 2006 AND ENDS SEPTEMBER 30, 2007. . MOTION : Commissioner Newill moved to adopt Resolution No. 07-011R; seconded by Commissioner Zwick. ROLL CALL : Comm. Newill - Yes Comm. Zwick ? Yes Comm. Trinley - Yes Mayor Hagelmann ? Yes MOTION CARRIED UNANIMOUSLY 6.NEW BUSINESS Mayor Hagelmann requested that Police Chief Angelillo come forward and explain his letter dated August 3, 2007 regarding over payment of wages. Town Manager Sugerman - Objected to discussing this item. It was the first time he has seen the letter. Under the Collective Bargaining Agreement, there is a grievance procedure. Under our form of government, it is inappropriate for the Town Commission to discuss this. Town Attorney Sliney ? If this is part of a grievance, it needs to be handled under the grievance procedure. Commissioner Newill ? Isn?t this a multi step procedure? The Commission should not get involved with enabling town employees to come directly to the Commission. Manager Sugerman ? The Town Commission Minutes August 7, 2007 Page 3 of 7 grievance was filed with my office yesterday. I strongly object to this being discussed in this forum. Attorney Sliney - We have a grievance procedure in place and the Commission needs to allow it to take place. 7)MISCELLANEOUS ? ITEMS LEFT OVER ? None 8) REPORTS ? TOWN COMMISSION Commissioner Trinley ? In reference to board appointments, would like to follow up on comments made by Commissioner Newill at the last meeting. Even though the Talent Bank Applicants are interviewed by the chairman of various committees, the final decision is made by the Commission not by the chairman. We need to relieve the chairman from interviewing the candidates and making a recommendation. Town Manager Sugerman ? This procedure was adopted by the Commission, we will have to rewrite the procedure. Commissioner Newill, CPA ? As the Commission requested, I reviewed the 2007-2008 budget with the town manager. The town manager and staff have come up with an excellent budget. It is what many of the residents wanted and does not reduce services or personnel. Commissioner Zwick ? Terribly sorry that I did not attend the managers meeting, but understand it was well attended. When the ?all clear? is given, the police should be admitting the condo managers and their staff and homeowners. I know problems facing condo managers are different than homeowners, but they need time to get organized before the condo residents are allowed back in. If the authority to allow residents to return is in the hands of the police, the Commission needs to determine the amount of time. We as a Commission would be remiss if we did not aide the managers. Town Manager Sugerman ? Sorry if there was some confusion. Let me clarify. There will be two ?all clears,? based upon the severity of the incident. There will be a set amount of time where we will allow managers to get on the island. The condo managers have a ?special? number to call to find out the time. The Town has issued ID cards to the managers and they will need to present these at the check points prior to entering. The condo managers will be given initial access before the town issues the ?all clear? signal. Mayor Hagelmann ? Due to all the construction on the Town Hall property, town employees and residents have been parking in the lot at St. Lucy?s. Father Grace has always been generous with allowing the Town in using this facility for parking. I feel a thank you letter and a donation of $1,000.00 would be appropriate. MOTION: Mayor Hagelmann moved to send a thank you note with a gift of $1,000.00 to St. Lucy?s Church for their graciousness in allowing the Town the ability to park on their premises; seconded by Commissioner Trinley. Town Commission Minutes August 7, 2007 Page 4 of 7 Commissioner Trinley ? Question of the Police Chief - Is there a charge by the Town when the police direct cars on Saturday and Sunday at the Church? Reply ? No. If we give a gift to the Church now, what will we do in the future if someone comes in for a donation? Commissioner Newill ? By resolution, we can only give a gift to non-profits. If Father Grace presented us with an invoice, I would support it. Cannot support a plain contribution. Commissioner Zwick ? I am in agreement with my fellow Commissioners. Mayor Hagelmann ? It is just a way to say thank you. ROLL CALL : Comm. Newill - No Comm. Zwick ? No Comm. Trinley - No Mayor Hagelmann ? Yes Motion failed by a 1-3 Vote MOTION: Commissioner Zwick moved to send appropriate letter of thanks to St. Lucy Church for their generosity and spirit of brotherhood; seconded by Commissioner Newill. Carried by unanimous voice vote . Mayor Hagelmann ? Have noticed that the morale of our department heads is very low. Appealing to the Commission to speak to the department heads to find out what the problem is. Town Attorney Sliney ? This is a Town Manager form of government. It is not appropriate for the Town Commission to do that. Commissioner Newill ? I agree. The Commission should not cross the road. Mayor Hagelmann ? If the department heads want to speak to you as an individual, why is it not appropriate? Attorney Sliney ? It is not appropriate. There are procedures in place in the ?Personnel Handbook? if the department heads have a grievance. Commissioner Trinley ? Section 2.57 of the Code of Ordinances ? Non-interference of town officers or employees covers this whole subject. 9)REPORTS ? TOWN ATTORNEY Have contacted Attorney Roberts in regards to available dates to schedule an Attorney - Client Private Session to discuss the Richard Carl and Deborah McCray cases. He is available ? August thndst 20, 22 and 31. What is the Commissions? pleasure? MOTION: Commissioner Zwick moved to hold the Attorney ? Client Private Session on August nd 22, 2007 at 2 P.M.; seconded by Commissioner Newill. Carried by unanimous voice vote . Town Commission Minutes August 7, 2007 Page 5 of 7 10)REPORTS ? TOWN MANAGER Would like to thank Al Zwick for operating the camera equipment for the past few months. 2007 Emergency Preparedness Update ? 1) Copies of the Town?s Emergency Preparedness Guide is available on the Town?s website. 2) The Town?s new 1750 KW generator on the Town Hall grounds is undergoing load-bank testing this week, and performance testing the week after. Our new generator should be on-line and fully operational within the next two weeks. 3) Staff has been undergoing training with the Palm Beach County Emergency Management for implementation of a new communicator system throughout the County in the event of a major incident. 4) The Town has been an active participant in the newly established Emergency Operating Area #5 which means we will have emergency county resources and assets located closer to our community with a specific dedication of those resources and assets. 5) Have had the annual meeting with the presidents and managers of the condo associations. Have updated everyone with emergency contact numbers and identification cards in case of an evacuation. 6) Have made available through the Clerks? Office and on the website a list of Publix grocery stores and gas stations that have emergency stand- by generators. 7) Have been working with Florida Power and Light in the event of the loss of electricity, and now have an electronic link into their system where we can obtain real-time information on outages. Commissioner Newill requested an update on the sale of the water property. Has it been advertised as of yet and where? Manager Sugerman ? Have no update. The Committee has not discussed advertising. Mayor Hagelmann ? The Commission requested that you advertise the property. Commissioner Newill ? One of the ways to reduce the debt of the water plant is by selling the vacant land. Commissioner Trinley ? How will you advertise it? Mayor Hagelmann ? You could put an ad in the NY Times. Attorney Sliney ? For clarification ? advertisement will state interested parties can put in a bid; principals only. Commissioner Zwick ? If you advertise the property without a minimum price, investors will not know the value. Would it not be better to list the appraised value of the land? Attorney Sliney ? Whoever is going to bid will do their own due diligence. Do we want to advertise both parcels? Reply ? Yes. 11.CONSENT AGENDA A)Appointments ? Three-year Terms ? 8/08 ? 8/10 Cultural Board ? Myrna Resnick and Sheila Kallman Beaches and Shores Advisory Board ? Beverly Knight B) Re-Authorizing the Purchase of Roll-down Shutters for the Water Treatment Plant C)Authorizing the Mayor to Sign Change Order #2 ? TLC Diversified D)Authorizing the Purchase of Replacement Membrane Feed Pump Motors for the Reverse Osmosis Water Treatment Plant Town Commission Minutes August 7, 2007 Page 6 of 7 E)Approving an Additional Amount to Purchase a New Generator for Sewage Lift Stations F)Minutes Regular Meeting ? June 5, 2007 Workshop Meeting ? June 26, 2007 Regular Meeting ? July 3, 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 Mayor Hagelmann ? Yes. MOTION CARRIED UNANIMOUSLY 12.PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Beverly Knight ? 4302 S. Ocean Blvd. ? There are a number of sites on the Internet that you can advertise the property. You need to include a value with the advertisement. Will share with the town manager a list of internet sites where he can advertise these two pieces of property. Also, wanted to thank the manager for his help with the turtles. Over the week end, a mother turtle crawled to the top of a dune, nearly fell into a open and unprotected foundation and the only thing that saved her life was a series of rebars. There was nothing to stop either the turtle or children from falling into the unprotected hole. After I contacted him, the contractor put up fencing across the back of property to stop anyone from falling. 13.ADJOURNMENT There being no further business to come before the Commission. Mayor Hagelnann adjourned MOTION the Regular Meeting at 2:30 upon a by Commissioner Newill seconded by Commissioner Zwick. APPROVE: __________________________________________ Harold R. Hagelmann, Mayor Town Commission Minutes August 7, 2007 Page 7 of 7 __________________________________________ Joseph J. Asselta, Vice Mayor __________________________________________ Miriam S. Zwick, Commissioner __________________________________________ Jim Newill, CPA, Commissioner _________________________________________ Doris M. Trinley, Commissioner Attest: _________________________ Date: ____________________