2006.10.31_TC_Minutes_Workshop
TOWN OF HIGHLAND BEACH, FLORIDA
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP
Tuesday October. 31 2006 1:30 P.M.
Mayor Harold R. Hagelmann called the Workshop 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.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
• Hearing no objection, Mayor Hagelmann amended the Agenda to move discussion of a
Town-sponsored transportation program from his report to No. 7, Miscellaneous Items
Left Over.
2. PUBLIC COMMENTS AND REQUESTS
Cultural Board Chair, Emily Firtell, Beachwalk East, gave an update on the Board's
activities and thanked the Commission and Staff for their support. Ms. Firtell also
advised that the most recent art project had been taped, and is available to be seen on
Government Channel 19 at 6:00 P.M. nightly.
Joe Yucht, Boca Hi, spoke to the new water rates as affects condominiums, and again
noted that he was not in favor of a change in term limits.
Elizabeth Susskind, Byrd Beach Estates, questioned if the Town imposes a "completion"
date on projects it approves; Commissioner Newill replied the subject is under
consideration. Town Attorney Sliney cautioned that further discussion would not be in
the Town's best interests, as Byrd Beach Estates and its developer are in the process
of trying to settle their differences, both sides being represented by counsel; he added
that some issues are not Town business.
Town Commission Workshop Minutes
October 31 2006 Page 2 of 6
3. PRESENTATIONS
NONE.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE.
B) BOARD VACANCIES: TWO (2) ON FINANCIAL ADVISORY BOARD;.
ONE (1) ON CULTURAL BOARD; ONE (1) ON BOARD OF ADJUSTMENT.
Interview: Gerald L. Gitner re Vacancy on Financial Advisory Board.
Mr. Gitner gave a summary of his credentials, considered by the members to be most
impressive and, when questioned, FAB Chair Alan Teller said Mr. Gitner would be an
asset to the Board. With no objection, therefore, Mayor Hagelmann moved Mr. Gitner's
appointment to the Financial Advisory Board fora 3-year term to the November 7
Regular Meeting Consent Agenda.
C) BOARD ACTION REPORT: NONE.
D) MONTHLY BOARD MEETINGS: PREVIOUSLY SUBMITTED.
• 5. PROPOSED ORDINANCES AND RESOLUTIONS
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, ADOPTING BY REFERENCE THE FIRE PROTECTION
CODE OF THE CITY OF DELRAY BEACH, FLORIDA.
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
IN FULL THE TOWN CODE, CHAPTER 29 ENTITLED "WATER SYSTEM,"
SECTION 29-10 ENTITLED "CHARGE FOR WATER SERVICE."
Discussion only took place regarding these two proposed ordinances, with Town
Manager Sugerman addressing both. Mr. Sugerman pointed out that because Delray
Fire/Rescue is contracted by the Town, it would only make sense that the Town adopt,
by reference, their Fire Protection Code.
Regarding the increase in water rates, the Town Manager gave background information,
including that awater-wastewater rate study had been completed; the requisite public
hearings had been held; and the increased rate for the first 7,000 gallons of use does
not exceed the range of $37 to $40/month average utility bill (actual rate determined at
$39.75/month) directed by the Town Commission. However, Mr. Sugerman added that
this increase still will not cover the cost of operating the water plant, and the General
• Fund will continue to subsidize the Enterprise Fund in this fiscal year in the amount of
$449,630.
Town Commission Workshop Minutes
October 31.2006 Page 3 of 6
5. PROPOSED ORDINANCES AND RESOLUTIONS (continued)
Both ordinances will be given first reading at the November 7 Regular Meeting. (Copies
of pertinent information on both ordinances attached to and made part of these Minutes.)
6. NEW BUSINESS
DISCUSSION RE AWARD OF R.O. PLANT RELIABILITY IMPROVEMENT
CONTRACT TO TLC DIVERSIFIED, INC.
Town Manager Sugerman advised that this project would conclude Phase II of the R.O.
plant; it would involve the installation of the previously purchased generator, well pumps,
raw water main and high service pumps. Mr. Sugerman further advised that only two
(2) bids had .been received and TLC Diversified, Inc. was the low bid, meeting all bid
requirements. After some discussion, it was the consensus to place award of said
contract to TLC Diversified, Inc. on the November 7 Regular Meeting Consent Agenda.
(Copy of pertinent information attached to and made part of these Minutes.)
7. MISCELLANEOUS -ITEMS LEFT OVER
1) DISCUSSION RE SETTING UP A TRANSPORTATION PROGRAM.
• Mayor Hagelmann led discussion, referring to cost and schedule information received
from "Molly's Trolleys," a copy of which is attached hereto and made part of these
Minutes. Vice Mayor Asselta presented information he had researched regarding Palm
Tran accommodations for those without private transportation, as well as noting. the
availability of "personal" drivers and taxis. Commissioner Newill questioned traffic impact
and safety, and noted that a need for such a service should be established .before the
Town took on the substantial cost of same. Concluding discussion, it was agreed that
the issue be noted on the November 7 Regular Meeting Agenda under "Miscellaneous
Items Left Over."
2) MINUTES FOR APPROVAL AT NOVEMBER 7, 2006 REGULAR
MEETING:
SEPTEMBER 26, 2006 WORKSHOP
SEPTEMBER 26, 2006 PUBLIC HEARING/SPECIAL (BUDGET)
OCTOBER 3, 2006 REGULAR
With no objection, the Mayor moved these sets of Minutes to the November 7 Regular
Meeting Consent Agenda.
8. REPORTS -TOWN COMMISSION
• Commissioner Jim Newill, CPA, had no report.
Commissioner Miriam S Zwick gave a philosophical discourse on the subject of
"change." Her remarks included that the Town is relatively young, very diversified, and
Town of Highland Beach Workshop Minutes
October 31.2006 Paae 4 of 6
8. REPORTS -TOWN COMMISSION (continued)
does not enjoy the connection of being an "old" Town, where families went back several
generations. Using the analogy of a baby having to grow up, the Commissioner noted
that change and growth allow for development and the ability to move forward; there is
no benefit to living in the past. Concluding her remarks, Commissioner Zwick pointed
to several changes that have advanced society in general, including medicine and air
and sea travel, and for the Town's betterment in particular, including the new Library, the
R.O. Plant, and Cable TV. The Commissioner stated her firm belief that it is the
Commission's duty to plan for the Town's future.
Commissioner Rachael Scala-Pistone, referring to Ms. Susskind's remarks under
Public Comments, stated that it is the Commission's job to resolve residents' problems.
Referring to the upcoming referendum language regarding a change in term limits,
Commissioner Scala-Pistone said many people were confused by same; for the record,
she said she had hand-delivered a letter to Town Attorney Sliney, which posed several
questions about the referendum. (Copy of letter attached to and made part of these
Minutes.)
Vice Mayor Joseph J. Asselta, referring to the upcoming ballot language, reminded that
the subject was discussed at a number of meetings and all members had a chance to
• have their language choices considered; he added that it was always his desire to let
the voting public decide the issue, not having made up his own mind at this point.
Regarding a Commission member conversing with another resident, the Vice Mayor
said this was reasonable, logical and an everyday occurrence; however, according to the
Ethics Commission, a Commission member must not converse with another resident
about any issue that might become or is a matter for litigation, unless such conversation
is shared with all Commission members, as that creates a conflict of interest for the
Commission member should any such issue come to a vote.
Referring to Sunshine Law and Ethics Commission seminars, Vice Mayor Asselta was
of the opinion that all future Commission candidates should make a public disclosure
that, if elected, they will attend these most important sessions.
As to clarification of Building Code provisions, the Vice Mayor asked the Town Manager
to address the subject. Mr. Sugerman obliged, saying because the Florida building
codes are voluminous, all who need assistance in this area are welcome to go to the
Building Department, or go to the Town's website, where you can click on the Town's
Building Code or make use of links provided to research the State code.
Mayor Harold R. Hagelmann asked that Executive Sessions be scheduled for the two
(2) police officer lawsuits served that had been served on the Town. Town Attorney
Sliney advised that a date convenient to the insurance attorney's as well as a full
complement of Commission members had to first be established. Mr. Sliney reminded
that the reason for holding such sessions was for strategy and negotiation purposes
only.
Town Commission Regular Meeting Minutes
November 7. 2006 Page 5 of 6
8. REPORTS -TOWN COMMISSION (continued)
Mayor Hagelmann next addressed the issue of notifying the County to go forward with
Milani Park, even though the time period for the plaintiff to appeal had not expired.
Substantial discussion took place, including the Town Attorney and Town Manager
advising what steps would follow if indeed that message was given. In conclusion, the
issue was moved to the November 7 Regular Agenda for further consideration.
The Mayor then addressed the referendum question regarding the change in term limits,
reading from a prepared statement, which encouraged a "yes" vote for the change.
(Copy of the statement is attached hereto and made part of these minutes.)
Vice Mayor Asselta took exception to this action; however, the Mayor assured him that
he had checked with both the Town Attorney and Town Manager regarding his statement
from the dais.
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
10. REPORTS -TOWN MANAGER
Town Manager Dale S. Sugerman advised that no where in the 15 "Rules of
Procedure" (Code Section 2.28) can be found a policy on what a Commission Member
can or cannot say from the dais. Mr. Sugerman suggested the members might want to
review this section to determine if they might want to add to the rules, or delete some
of the rules.
11. CONSENT AGENDA
NONE.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Alan Teller, 4210 S. Ocean Blvd., was assured that the Town's insurance attorney would
attend any scheduled Executive Sessions.
Joe Yucht, Boca Hi, gave an update on the Milani case; he further noted that it was his
opinion that a change in term limits would not benefit the residents.
George Kelvin requested that the County be asked to spruce up the Milani Park property,
making it less of an eyesore than it is now.
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Town Commission Workshop Minutes
October 31, 2006 Page 6 of 6
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor
Hagelmann adjourned the Workshop at 3:35 P.M., upon MOTION by COMMISSIONER
NEWILL/COMMISSIONER ZWICK.
Note: For purposes of continuity, a copy of Town Attorney Sliney's response to
Commissioner Scala-Pistone's letter, which she referred to under her report and which
is attached and made part of these Minutes, is also attached and made part of these
Minutes.
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APPROVE:
Har Id R. Ha Im ,Mayor
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J ph Ass ,Vice Mayor
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Rachael Scala-Pistone, Commissioner
Miriam S. Zwick,~Comm~ioner
AJ . n /1
Jim N
Attest
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Date: iz /~y~o(o
,CPA, CorrYmissioner