2006.05.02_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday. May 2. 2006 1:30 P.M.
Mayor Harold R. Hagelmann called the Regular Meeting to order in Commission
Chambers at 1:30 P.M.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Joseph J. Asselta, and
Commissioners Rachael Scala-Pistone, Miriam S. Zwick and Jim Newill, CPA, were
present. .
Town Attorney Thomas E. Sliney and Town Manager Dale S. Sugerman were also
present, as were members of the general public.
After roll call, the Pledge of Allegiance was given, followed by a minute of silence in
honor of the nation's military personnel.
CALL TO ORDER
• Roll Call
Pledge of Allegiance
1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
Hearing no objection, Mayor Hagelmann declared the Agenda accepted as presented.
2. PUBLIC COMMENTS AND REQUESTS
Leo Pruner, Seagate of Highland, addressed concerns and needs of the CERT program
(Community Emergency Response Team), including equipment and volunteers. Copies
of the information Mr. Pruner shared, including "chain of command," are attached hereto
and made part of these Minutes.
Joe Yucht, Boca Highland, agreed with Mr. Pruner's remarks. Mr. Yucht also asked for
information regarding the Hoffmann and Azure properties, the traffic light for the Fire
Department and when the county will address cleaning up hurricane-damaged
mangroves; he also reported the Milani trial was scheduled for May 10.
3. PRESENTATIONS
EMILY FIRTELL, CULTURAL BOARD CHAIR: PROPOSED DATE FOR THE
2006: "LIGHT UP THE HOLIDAY" CELEBRATION.
The Mayor advised Ms. Firtell was unable to attend.
Minutes of Town Commission Regular Meeting
May 2, 2006 Page 2 of 7
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE.
B) BOARD VACANCIES: ONE (1) ON BEACHES & SHORES ADVISORY.
Having been interviewed by the Commission at the April 25 Workshop, Gary Guertin,
Toscana Condominium, was appointed to the Beaches & Shores Advisory Board for a
three-yearterm upon MOTION by COMMISSIONERSCALA-PISTONE/COMMISSIONER
ZWICK.
C) BOARD ACTION REPORT. Accepted as Information.
The Mayor read the following scheduled Board meetings for the month of May into the
record.
D) MONTHLY BOARD MEETINGS:
Planning Board Regular - 5/10/06 - 9:30 A.M.
Board of Adjustment -None Scheduled.
Code Enforcement Board -None Scheduled.
Financial Advisory Board -None Scheduled.
• Beaches & Shores Advisory - 5/9/06 - 9:30 A.M.
Cultural Board Regular - 5/25/06 - 9:30 A.M.
5. PROPOSED ORDINANCES AND RESOLUTIONS
(1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING ORDINANCE NO. 710, WHICH APPROPRIATED FUNDS
FOR THE FISCAL YEAR 2004-2005, WHICH BEGAN OCTOBER 1, 2004
AND ENDED SEPTEMBER 30, 2005. (first reading 4/7; published 4/16)
Following the second reading of this proposed ordinance, by title only, MOTION to
approve by VICE MAYOR ASSELTA/COMMISSIONER ZWICK was followed by
unanimous favorable vote.
(2) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING RESOLUTION N0.849, WHICH ADOPTED A FINAL BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING
SEPTEMBER 30, 2006.
Discussion and first reading of this proposed resolution took place at the April 25
Workshop. Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, it was
unanimously approved by roll call vote.
Town Commission Regular Meeting Agenda
May 2, 2006 Page 3 of 7
6. NEW BUSINESS
(1) RATIFYING A COLLECTIVE BARGAINING AGREEMENT WITH THE
HIGHLAND BEACH FRATERNAL ORDER OF POLICE.
Town Manager Dale S. Sugerman advised that while the negotiating process had been
interesting, labor and management were finally on the same page; the FOP voted on
April 27, 11 to 1, to ratify the collective bargaining agreement. This having been
accomplished, Mr. Sugerman further advised that it was now appropriate for the
Commission to ratify the agreement, which was done upon MOTION by VICE MAYOR
ASSELTA/COMMISSIONER ZWICK, followed by unanimous roll call vote. Mr.
Sugerman congratulated all concerned and said their efforts were appreciated.
(2) AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH LBFH, INC.
FOR ENGINEERING SERVICES FOR RENEWING THE OPERATING
PERMIT FOR THE SHALLOW INJECTION WELLS.
The Town Manager explained that during construction of the R.O. plant, the Department
of Environmental Protection had issued a temporary permit for the disposal of "reject"
water. However, since construction of the plant is completed, it is now time to apply for
a permanent operating permit from the DEP, and LBFH was the lowest bid for
engineering services to accomplish this goal. Concluding discussion, unanimous roll call
• vote followed a MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK to award
the project to LBFH, Inc.
(3) ACCEPTING THE BID OF POPE LAND AND CONSTRUCTION
FOR MAKING INTERIOR IMPROVEMENTS TO THE FORMER LIBRARY
SPACE TO ACCOMMODATE THE EXPANSION OF THE POLICE
DEPARTMENT AND ALLOWING FOR THE TEMPORARY USE OF A
PORTION OF THE SPACE BY THE HIGHLAND BEACH CULTURAL
BOARD.
During discussion, Commissioners Scala-Pistone and Newill questioned why the high bid
was recommended since this remodelling project was a temporary one and the Town
would in all likelihood have to spend more monies to undo it when the Police Department
took over the entire space. Town Manager Sugerman advised that both Chief Goss and
Sue Gray, who had met with the bidders and reviewed their quotes, were of the opinion
that the Pope quote was more comprehensive and allowed for unforeseen obstacles, and
included as well a $2,000 allowance for the electrical portion of the job; he further
advised that monies for the project would be funded with existing dollars in the Police
Department budget. In conclusion MOTION to approve the Pope Land and Construction
quote was made by VICE MAYOR ASSELTA/COMMISSIONER ZWICK. Roll call vote
was as follows:
Commissioner Newill - No
Commissioner Zwick -Yes
Commissioner Scala-Pistone - No
Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
Minutes of Town Commission Regular Meeting
May 2, 2006 Page 4 of 7
7. MISCELLANEOUS -ITEMS LEFT OVER
Upon MOTION by COMMISSIONER ZWICFWICE MAYOR ASSELTA, the following sets of
Minutes were unanimously approved:
MARCH 28, 2006 WORKSHOP
APRIL 4, 2006 REGULAR
8. REPORTS -TOWN COMMISSION
Commissioner Jim Newill, CPA, asked Joe Yucht to share with him the answers to the
questions Mr. Yucht asked earlier in the meeting (See Public Comments).
Commissioner Miriam S. Zwick, who is also President of the Braemer Isle Condominium
Association, thanked Police Chief Glenn Goss, Assistant to the Town Manager Sue Gray,
and Delray Fire/Rescue personnel, Chief Adams and Firefighter Dunkleman, for their excellent
presentation on hurricane preparedness, which was recently given at her condominium.
During the presentation, personal responsibility was stressed.
Commissioner Rachael Scala-Pistone also thanked the Delray Fire/Rescue personnel for
getting the message across regarding storm preparation, adding that it would be advantageous
to have presentations given to all condominiums. Like Commissioner Newill, Commissioner
Scala-Pistone also asked Mr. Yucht to share answers to his questions with her.
• As to the Commissioner's request that additional monies. for supplies be considered for the
CERTS program, the Town Manager referred to the chain of command advised by Mr. Pruner
under Public Comments, which did not include the Town.
Regarding Commissioner Scala-Pistone's question as to when the planting of palms along A1A
could be expected, Town Manager Sugerman advised the Department of Transportation had until
June 30 to make a decision on permitting the project. Mr. Sugerman further advised that
regardless of a DOT permit, there would be no planting during hurricane season, which runs
from June 1 through November 30.
Commissioner Scala-Pistone concluded with a question about Toscana's developers selling
handicap parking spaces and converting them to regular spaces; she was advised by the Town
Manager that the Building Official was researching the difference between the total handicap
spaces required and the total number of spaces constructed all told.
Vice Mayor Joseph J. Asselta advised he had reviewed the tape of the April 25 Workshop in
which the sale of the wellfield property had been discussed; it was his opinion that nothing more
need be said other than that we are going forward and the public will be made aware of
results.
Mayor Harold R. Hagelmann noted that he would like to see the old water plant property
declared as surplus property.
Mayor Hagelmann advised that he and Public Works Director Jack Lee had met with County and
DOT representatives regarding a stop light for the firehouse; at this time the County was working
with Florida Power & Light as to where the electricity will be drawn.
Minutes of Town Commission Regular Meeting
Mav 2. 2006 Pa4e 5 of 7
8. REPORTS -TOWN COMMISSION (continued)
The Mayor also noted that Thursday, May 4, had been designated as a national "Prayer Day,"
and encouraged everyone to acknowledge it in their own way.
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney advised that the Hoffmann property law suit was still active;
however no trial date has as yet been set.
Mr. Sliney further advised that the Azure property had been settled some time ago; the new
owners have talked with Mr. Sliney and the Town Manager, but no plans have been submitted.
With regard to the sale of the wellfield, the Town Attorney advised that the committee addressing
this issue will make its recommendation to the Commission in the near future.
10. REPORTS -TOWN MANAGER
Town Manager Dale S. Sugerman noted that workshops for the 2006-2007 budget might not
be feasible because of summer travel schedules.
Mr. Sugerman also advised that he is serving on a municipal utility consortium which is
encouraging municipalities to join in the effort to get Florida Power & Light to put electrical lines
underground and pay 25% of the cost to do so. However, the consortium of 13 municipalities
wants to do its own study to determine if 25% is accurate; the Town's share in this would be
$5,843, possibly less if more municipalities join the consortium in the meantime. Discussion
followed:
Commissioner Newill said if only electrical, and not phone lines, were involved, he would not be
for it.
Commissioner Zwick referenced such success in Pembroke Pines, saying she was for it and if
we didn't try a solution might never be found.
Commissioner Scala-Pistone said she wasn't for it, agreeing with U.S. Congressman Clay Shaw,
who called such action premature.
Vice Mayor Asselta said it might be "pie in the sky," but he was for it.
Without further comment, Mayor Hagelmann said he was for it.
Mr. Sugerman will proceed with a 3-2 majority.
Mr. Sugerman next advised of a Beaches & Shores Advisory Board request to have the Town
purchase a GIS system for locating nesting turtles, at a cost of $10,000 - an unbudgeted item,
which would have to be bid. It was the consensus of the Commission to deny this request, with
Commissioner Scala-Pistone saying she needed more information.
C
Minutes of Town Commission Regular Meeting
Mav 2. 2006 Page 6 of 7
11. CONSENT AGENDA
• Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, Consent Agenda items
1, 3, 4 and 5 were unanimously approved. Item 2 was pulled for discussion.
(1) AWARD OF CONTRACT TO MEMBRANE SYSTEMS CORPORATION
FOR THE INSTALLATION OF ADDITIONAL PRESSURE VESSELS AND
MEMBRANE ELEMENTS AS PART OF PHASE II WATER PLANT EXPANSION.
(3) AUTHORIZING TWO {2) CAPITAL OUTLAY PURCHASES FOR THE POLICE
DEPARTMENT FROM THE 2005-2006 BUDGET.
(4) AUTHORIZING PURCHASE OF SEVEN (7) AWNINGS FROM JONES
AWNING AND CANVAS FOR THE HIGHLAND BEACH LIBRARY.
(5) AUTHORIZING THE MAYOR TO SIGN A JOINT PARTICIPATION AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION.
(2) .AWARD OF CONTRACT TO COASTAL PLANNING AND ENGINEERING,
INC. FOR COMPLETION OF A HISTORICAL SHORELINE ANALYSIS.
Mayor Hagelmann started discussion, saying he was not in favor of awarding this contract
because, in his opinion, it had little value as the survey would cover the years 1974 through 2004
only.
. Commissioner Newill said he had no opinion.
Commissioner Zwick noted that using common sense, we would all agree that erosion has
happened.
. Commissioner Scala-Pistone was in favor of awarding the contract.
. Vice Mayor Asselta, when advised that the study would not determine the mean high tide line
to show ownership of property from that point, said he was not in favor of awarding the contract.
Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, it was the majority vote
of the Commission to withdraw from the Consent Agenda the Beaches & Shores Advisory
Board's recommendation to award a contract to Coastal Planning and Engineering, Inc. for
completion of a Historical Shoreline Analysis
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Alan Teller, Bel Lido Island, Financial Advisory Board Chair, said he thought the reason for the
Historica! Shoreline Analysis was to ensure the Town would be eligible for State renourishment
funds. Town Manager Sugerman responded that the State has advised we would not be
• considered for renourishment funds even if the analysis had been approved.
Minutes of Town Commission Regular Meeting
May 2, 2006 Page 7 of 7
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor Hsgemann
adjourned the Regular Meeting at 3:45 P.M. upon MOTION by COMMISSIOER
ZWICK/COMMISSIONER NEWILL.
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APPROVE:
Jim I~will, CPA,
Attest:
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Date: oZ .~.Z rs ~ G
Rachael Scala-Pistone, Commissioner