2006.08.01_TC_Minutes_Regulart
TOWN OF HIGHLAND BEACH
• MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
TUESDAY AUGUST 1 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 who had perished in service to the nation, as well
as those now serving.
Before addressing the Agenda, Police Chief Glenn F. Goss led. a promotion recognition
ceremony honoring Officer Richard A. Carl, who had been appointed to the rank of
Sergeant by Chief Goss and Town Manager Sugerman.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
The Town Manager requested amendment to the Agenda adding a proposed resolution
under #5 (Proposed Ordinances and Resolutions) which sets the tentative millage rate
for the 2006/2007 fiscal year.
Mayor Hagelmann requested an amendment under #6 (New Business) to include
discussion regarding sale of the Federal Highway property (old water plant) in Boca
Raton.
There was no objection to either addition and the Agenda was so amended.
Before Public Comments, Marie Marchasani, Coronado, was interviewed by the
Commission to serve on the Planning Board or Board of Adjustment. Noting she and
Tony Rotuolo (also Coronado) were both vying for Planning Board appointment, the
Commission decided to allow Ms. Marchasani to confer with Mr. Rotoulo to determine
if they could agree on who would serve on which Board.
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Town Commission Regular Meeting Minutes
• August 1, 2006 Page 2 of 8
2. PUBLIC COMMENTS AND REQUESTS
Steve Golding, Highland Beach Drive, advised he did not receive a reply to his a-mail
regarding the boat lift at Ocean Cove; however, in turn he was advised by the members
and Town Manager that the a-mail was never received. Mr. Golding said he would print
it out and bring it to the Town Manager.
Dominick Conte, Highland Beach Drive, was in support of Mr. Golding and expressed
his opinion that blatant disregard for Town Code is nothing new. He also questioned the
extension of term limits, which was explained by Mayor Hagelmann.
Joe Yucht, Boca Hi, had several comments -the Boca Airport Advisory meeting would
be held August 22; the Milani case is still not scheduled to be heard; proposed term
changes to the terms of office should be done for the future, not to benefit a sitting
Commission.
3. PRESENTATIONS
PROCLAMATION PRESENTED BY MAYOR HAROLD R. HAGELMANN RE
FLORIDA WATER, WASTEWATER AND SYSTEMS OPERATORS WEEK,
• AUGUST 7-11, 2006.
Public Works Director, Jack Lee, was in attendance to accept this proclamation, which
the Mayor read into the record and then presented.
4. BOARDS AND COMMITTEES
A) .BOARD CORRESPONDENCE: EMILY FIRTELL, CULTURAL BOARD
CHAIR.
Before addressing other issues, Cultural Board Chair Emily Firtell introduced George
Kelvin, who sought to be appointed to the Cultural Board. Mr. Kelvin gave a detailed list
of his accomplishments, after which he was unanimously appointed to the Board upon
MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE.
Ms. Firtell advised the Board had been working on a calendar of events; however, it was
Ms. Firtell's position that there was need for a piano to accommodate some of the
Board's events that triggered lengthy discussion. Commissioner Newill felt it should first
be proven that attendance warranted the purchase, noting the Town does have a 4-6
month "season;" Commissioner Zwick suggested that if the Town purchased the piano,
the Board could hold fund-raisers to repay a portion of the cost; Commissioner Scala-
Pistone asked that no decision be made until the Town Attorney's letter of July 13, which
addressed some issues regarding the Board, could be reviewed; Vice Mayor Asselta
Town Commission Regular Meeting Minutes
• August 1, 2006 Page 3 of 8
4. BOARDS AND COMMITTEES (continued)
finally, Mayor Hagelmann said funds were available for the purchase of a Boston Baby
Grand from Steinway Gallery in Boca at a reduced cost of $12,000 from a Commission
"Community Reinvestment" line item in the current budget. Concluding discussion, Town
Manager Sugerman advised that because the cost of the piano was more than $10,000,
policy dictated that three (3) quotes be obtained.
6. NEW BUSINESS
4) AT 2:30 P.M. TIME CERTAIN: PUBLIC HEARING RE EVALUATION AND
APPRAISAL REPORT.
A recess to accommodate the Public Hearing regarding the Evaluation and Appraisal
Report pertaining to the Town's Comprehensive Plan (Growth and Development) was
called at 2:50 P.M. by Mayor Hagelmann, with Town Manager Sugerman advising, for
the record, that the time certain called for did allow for completion of the item preceding
it to be completed.
Bob Dawson, Building Official, addressed the EAR, advising that the Department of
• Community Affairs requires a review of the Comprehensive or "Master" Plan every seven
(7) years; however, Mr. Dawson said that, in his opinion, there were no areas that
needed to be revised, as the Town is almost built out. But in keeping with DCA
regulations, the public hearing today would allow the residents to address any concerns
as to future land use, or other areas of interest. Also in keeping with DCA regulations
to have other entities present at the Public Hearing, Mr. Dawson acknowledged a
representative from the Treasure Coast Planning Council. Mr. Dawson confirmed Vice
Mayor Asselta's assumption that the EAR applied primarily to zoning, and reiterated that
the Town was near build-out with current zoning in place. The Town Manager noted that
in larger municipalities other areas, such as traffic patterns, extension of utilities, etc.,
would also be reviewed. In answer to the Vice Mayor's question relating to the ratio of
density to water capacity, Mr. Sugerman replied that with Phase 2 of the R.O. plant now
underway, all requirements in this regard would be satisfied..
When the Public Hearing was opened, the following residents had comments:
Police Officer Neal Maiorino, Parker Highland, suggested that, if the Comprehensive Plan
did not already include a future project regarding underground utilities, a fee might be
imposed on all future development and a fund be created to allow for same.
Financial Advisory Board Chair Alan Teller. 4310 South Ocean Blvd., questioned if the
report should include the installation of a generator for the R.O. plant. Town Manager
. Sugerman replied that it would be sufficient to report that the Town had reliable utility
systems in place.
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Minutes of Town Commission Meeting
• August 1. 2006 Page 4 of 8
6. NEW BUSINESS (continued)
4) AT 2:30 P.M. TIME CERTAIN: PUBLIC HEARING RE EVALUATION AND
APPRAISAL REPORT.
AI Bresnahan, Seagate, commented that it had been several years since the then
Planning Board had reviewed the Town's zoning regulations.
Hearing no further requests to speak, Mayor Hagelmann closed the Public Hearing at
3:15 P.M.; the Regular Meeting was reconvened at that time.
4. BOARDS AND COMMITTEES (continued from page 3)
B) BOARD VACANCIES: ONE (1) ON BOARD OF ADJUSTMENT; ONE (1)
ON PLANNING BOARD; ONE (1) ON FINANCIAL ADVISORY BOARD.
The vacancy on the Financial Advisory Board was not filled. See Page 1 of these
Minutes re Planning Board vacancy.
C) BOARD ACTION REPORT. Received as Information.
. D) MONTHLY BOARD MEETINGS: Mayor Hagelmann read into record.
Planning Board Regular - 8/9/06 - 9:30 A.M.
Board of Adjustment -None Scheduled.
Code Enforcement Board -Hearing - 8/16/06 - 9:30 A.M.
Financial Advisory Board -None Scheduled.
Beaches & Shores Advisory Regular - 8/8/06 - 9:30 A.M.
Cultural Board Regular -Regular - 8/24/06 - 9:30 A.M.
5. PROPOSED ORDINANCES AND RESOLUTIONS
(1) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 4-8(C), LIGHTING
RESTRICTIONS FOR PROTECTION OF SEA TURTLES. (First Reading 7/5/06;
Published 7/13/06)
This ordinance was unanimously approved upon MOTION by VICE MAYOR
ASSELTA/COMMISSIONER/SCALA-PISTONE, followed by roll call vote.
Town Commission Regular Meeting Minutes
August 1. 2006 Page 5 of 8
5. PROPOSED ORDINANCES AND RESOLUTIONS (continued)
(2) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH PROPOSING AN
AMENDMENT TO THE TOWN CHARTER EXTENDING THE LENGTH OF
THE TERMS FOR THE MAYOR, VICE MAYOR AND TOWN
COMMISSION MEMBERS, AND REDUCING THE MAXIMUM NUMBER
OF PERMITTED CONSECUTIVE TERMS; EXTENDING THE TERMS OF
NON-TERM LIMITED COMMISSION MEMBERS (INCLUDING THE
MAYOR AND VICE MAYOR), BY ONE ADDITIONAL YEAR; PROVIDING
FOR SUBMISSION OF THE PROPOSED CHARTER AMENDMENT TO
THE ELECTORS OF THE TOWN AT THE REGULAR ELECTION ON
NOVEMBER 7, 2006; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE. (First Reading 7/25/06; published 7/27/06)
This proposed ordinance was placed on the agenda for discussion purposes only, with
Commissioner Scala-Pistone reiterating that, in her opinion, the issue was not only
complicated, but inequitable for some Commission members.
(3) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
• ADOPTING A PROPOSED MUNICIPAL BUDGET RATE OF 3.5793 FOR
GENERAL OPERATING BUDGET PURPOSES FOR FISCAL YEAR 2006/2007,
STATING AROLL-BACK RATE OF 2.9443, AND SETTING FORTH THE DATE,
TIME AND PLACE OF THE FIRST PUBLIC HEARING; PROVIDING FOR
SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.
Stan Novak, Finance Director, spoke to this Resolution, advising it called fora 4.0000
millage rate, for the .12th straight year. Noting the Financial Advisory Board had
recommended a 3.8500 millage rate, Mr. Novak explained that the rate could still be
lowered, but not raised. Tuesday, September 5, 2006 was set for the first Public Hearing,
to be held in Commission Chambers. Upon MOTION by VICE MAYOR
ASSELTA/COMMISSIONER ZWICK, followed by unanimous favorable vote, the 4.0000
millage rate was approved.
6. NEW BUSINESS
1) AUTHORIZING THE MAYOR TO SIGN A CANCELLATION OF UNITY OF
TITLE FOR 3715-3719 SOUTH OCEAN BOULEVARD.
Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK this authorization
met with unanimous favorable vote. (Copy of Town Manager's memo attached to and
made part of these Minutes.)
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Town Commission Regular Meeting Minutes
Aug'ust 1, 2006 Page 6 of 8
2) AWARDING CONTRACT TO FLORIDA DESIGN DRILLING
CORPORATION FOR CONSTRUCTION OF A NEW FLORIDAN AQUIFER
WELL #8.
Public Works Director, Jack Lee, noted the cost of the well would include installation and
equipment; however, its location in the northwest corner behind the R.O. plant would.
cause a loss of two (2) parking spaces for the library. Upon MOTION by VICE MAYOR
ASSELTA/COMMISSIONER NEWILL, followed by unanimous favorable roll call vote, the
contract for construction of new Floridan well #8 was awarded to Florida Design Drilling
Corporation. (Pertinent information regarding the award is attached hereto and made part
of these Minutes.)
3) DECLARING CERTAIN PROPERTY TO BE SURPLUS PROPERTY
Public Works Director, Jack Lee, requested this action; the list of items referred is
contained in Mr. Lee's memo to the Town Manager, which is attached to and made part
of these Minutes. The request was approved by VICE MAYOR
ASSELTA/COMMISSIONER NEWILL, followed by unanimous favorable vote.
4) AT 2:30 P.M. TIME CERTAIN: PUBLIC HEARING RE EVALUATION AND
APPRAISAL REPORT.
See Page 3 of these Minutes.
5) DECLARING THE FEDERAL HIGHWAY PROPERTY IN BOCA RATON
(OLD WATER PLANT) AS SURPLUS PROPERTY.
Some discussion took place, with Mayor Hagelmann assuring Commission Newill that
proceeds from the sale of this parcel would be applied to new debt. Commissioner
Zwick suggested that if and when the land is sold, proceeds be used against the debt
incurred by expansion of the R.O. plant.
A five (5} minute recess was called 3:45 P.M.; meeting reconvened at 3:50 P.M.
7. MISCELLANEOUS -ITEMS LEFT OVER
(1) DISCUSSION RE PURCHASE OF DECORATIONS FOR "LIGHT UP THE
HOLIDAYS" CELEBRATION.
Following up on his report regarding "Light Up The Holidays," decorations, Mayor
Hagelmann requested that the Town Manager be given permission to purchase the items
the Mayor noted at the July 25 Workshop, i.e., a 17' fully-lit Christmas tree, with a 10-
year guarantee ($3669.00), as well as a 8' x 4' Menorah (600.00) for asub-total of
$4,269, plus a $700.00 shipping charge, for a grand total of $4,973.00, noting that
. commitments in the amount of $3,000 had already been made. Upon MOTION by
COMMISSIONER ZWICK/COMMISSIONER SCALA PISTONE, followed by unanimous
favorable vote, permission to purchase said items was given to the Town Manager.
Town Commission Regular Meeting Minutes
August 1. 2006 Page 7 of 8
7. MISCELLANEOUS -ITEMS LEFT OVER (continued)
(2) MINUTES FOR APPROVAL:
Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, the following sets
of Minutes were unanimously approved.
JUNE 27, 2006 WORKSHOP
JULY 7, 2006 REGULAR
8. REPORTS -TOWN COMMISSION
Commissioner Jim Newill, CPA, requested that a date be set for a Budget Workshop.
After some discussion, Wednesday, August 9, at 1:30 P.M. was the agreed upon date
and time.
Commissioner Miriam S. Zwick commented on the repeated power outages
experienced by the those living at the south end of Town, and requested the Town
Manager to arrange for the appropriate Florida Power and Light representatives to
appear at a future meeting to answer questions regarding these outages.
Commissioner Rachael Scala-Pistone again referred to the referendum on the terms
(from 3 2-year terms to 2 3-year terms) challenging the ballot language in which she
contended there was a conflict, adding that when the Charter was reviewed in 2003. was
a 6-1 vote to maintain the current limits to three (3) 2-year terms.
Vice Mayor Joseph J. Asselta questioned the accuracy of Commissioner Pistone's
report.
Mayor Harold R. Hagelmann first addressed the possibility of paying $25 a meeting to
anyone who serves the Town outside of a Board, i.e. at this time the representative to
the Boca Airport Authority Advisory Board. Upon MOTION by COMMISSIONER
ZWICK/COMMISSIONER SCALA-PISTONE, it was unanimously agreed that the
representative to the Boca Airport Authority Board receive $25 a meeting, as would any
other individual appointed by the Commission in the future to serve outside of a Town
Board.
Next the Mayor addressed the Navy League Luncheon to be held December 7 to honor
all World War II veterans, and asked that the Town donate $2,000 for two (2) tables of
10 each. After some discussion, in which the Commission offered differing opinions
regarding expenditure of public funds, MOTION by MAYOR HAGELMANN/VICE MAYOR
ASSELTA, resulted in the following roll call vote:
Commissioner Zwick -Yes
• Commissioner Newill - No
Commissioner Scala-Pistone - No
Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
Town Commission Regular Meeting Minutes
4Aua.ust 1.2006 Page 8 of 8
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
10. REPORTS -TOWN MANAGER
Town Manager Dale S. Sugerman had no report.
11. CONSENT AGENDA
NONE.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
AI Bresnahan, Seagate, spoke to the responsibility previous Commissions had to follow
the costs incurred with the R.O. Plant and Library. With regard to term limits, Mr.
Bresnahan was not in favor of changing to two (2) 3-year terms, saying three (3) 2-year
terms were sufficient.
Joe Yucht, Boca Hi, stated he was not in favor of the $2,000 contribution to the Navy
League, and also would work to defeat the change in term limits.
• Eula Bresnahan, Seagate, said she knew someone who would build a stand for the
Christmas creche at no cost to the Town.
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor
Hagelmann adjourned the meeting, upon MOTION by COMMISSIONER
ZWICK/COMMISSIONER NEWILL at 5:00 P.M.
dmt
Attest: Date: Jim New' ,CPA, Commissioner