2006.12.12_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, December 12, 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, Town Manager Dale S. Sugerman, and members of
the public were also present.
After roll call the Pledge of Allegiance was given, followed by a minute of silence in
honor for those living and deceased members of the military services.
• 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
The Agenda was accepted as presented.
2. PUBLIC COMMENTS AND REQUESTS
Art Selnick, Toscana West, asked what progress was being made in replacing the
retiring Town Clerk. Town Manager Sugerman replied that appropriate advertisements
had been made and interested parties were invited to access the Town's website for a
job description and application form.
John Sorrelli, Coronado, took issue with the Mayor regarding what, in his opinion, were
questionable actions, as well as questionable expenditures of Town monies. Mayor
Hagelman responded to Mr. Sorrelli satisfactorily, explaining the actions taken.
After this exchange, Commissioner Newill requested that Mr. Sorrelli not "paint the entire
Commission with the same brush," and Commissioner Scala-Pistone offered that the
voting on some of the expenditures enumerated passed only by a majority vote (3-2).
Allan Teller, 4210 S. Ocean Boulevard, directed his comments to the previously
discussed construction of a dock behind. Town Hall in preparation for a marine patrol.
Among Mr. Teller's comments were: cost would be $750,000 to $1 million for starters;
although excessive wakes are formed, most boaters are not breaking the 35 MPH speed
Town Commissionn Regular Meeting Minutes
• December 12, 2006 Page 2 of 8
limit - therefore, a "slow speed" zone throughout the Town is the only way to minimize
the wakes; until the imposition of a "slow speed" zone, a dock and marine patrol would
not be a wise investment; and, ironically, if a "slow speed" zone were imposed, Boca
Raton Marine Patrol would most likely be on the scene more frequently.
Concluding these remarks, Commissioner Newill noted that Mr. Teller is a certified
boating instructor in New York and Florida.
Seymour Strauss, Boca Hi, advised he will seek an initiative referendum for the March
13 municipal elections, wherein the voters will be asked if his musical groups should
receive Town funding.
Joe Yucht, Boca Hi, had several comments, i.e., he had transmitted a written report to
the Commission regarding the most recent Boca Aviation Advisory Group meeting; Mrs.
Milani had appealed the suit regarding Milani Park and paid the necessary filing fees;
he was sorry to hear that Police Chief Glenn Goss was resigning and wished him well,
asked where Highland Beach fits in regarding jurisdictional control of speed on the
Intracoastal Waterway.
• 3. PRESENTATIONS
EMILY FIRTELL, CULTURAL BOARD CHAIR: CONTRIBUTION, SOLICITATION
AND MEMBERSHIP CAMPAIGN
Ms. Firtell thanked all involved with the "Light Up the Holidays" celebration.
She then asked the Commission to approve a solicitation for membership in the Board
to be mailed to residents. Upon MOTION by COMMISSIONER
NEWILL/COMMISSIONER ZWICK, the membership solicitation was approved, followed
by unanimous favorable vote. (Copy of solicitation attached hereto.)
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE.
B) BOARD VACANCIES: TWO (2) ON FINANCIAL ADVISORY BOARD (MAX
ANGEL ELIGIBLE FOR REAPPOINTMENT); ONE (1) ON CULTURAL
BOARD; ONE (1) ON BOARD OF ADJUSTMENT
Upon MOTION by COMMISSIONER NEWILL/COMMISSIONER SCALA-PISTONE, Max
Angel was reappointed to the Financial Advisory Board fora 3-year term; Motion was
. followed by majority favorable vote, with Vice Mayor Asselta voting "no."
Town Commission Regular Meeting Minutes
December 12. 2006 Page 3 of 8
• 4. BOARDS AND COMMITTEES (continued)
C) BOARD ACTION REPORT -received as information.
D) MONTHLY BOARD MEETINGS -read into the record by the Mayor.
Planning Board Regular - 12/13/06 - 9:30 A.M.
Board of Adjustment -None Scheduled.
Code Enforcement Board -None Scheduled.
Financial Advisory Board -None Scheduled.
Beaches & Shores Advisory Regular - 12/12/06 - 9:30 A.M.
Cultural Board Regular -Regular - 12/21/06 - 9:30 A.M.
5. PROPOSED ORDINANCES AND RESOLUTIONS
(1) 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.
(first reading 1117; published 11/16)
Having been previously discussed, the proposed ordinance was given final reading and,
upon MOTION by COMMISSIONER NEWILL/COMMISSIONER ZWICK, was
• unanimously approved by roll call vote.
(2) 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."
(first reading 11/7; published 11/26)
Also having been previously discussed, and requisite public hearings held, the proposed
ordinance was given final reading and, upon MOTION by COMMISSIONER
NEWILL/COMMISSIONER ZWICK, was unanimously approved by roll call vote.
6. NEW BUSINESS
1) AUTHORIZING THE REPAIR OF AN 88 HP PUMP AT LIFT STATION
NO. 1.
Town Manager Sugerman's memorandum of explanation, together with other pertinent
information, is attached hereto and made part of these Minutes. Repair of the pump in
the amount of $12,981.00, was unanimously approved upon MOTION by
COMMISSIONER ZWICK/COMMISSIONER NEWILL.
2) RESOLUTION SUPPORTING AND ENDORSING THE PRINCIPLES OF
HOME RULE.
At this time Mr. Sugerman briefly explained the importance of this Resolution; his
detailed explanation is attached hereto and made part of these Minutes. Upon
Town of Highland Beach Regular Meeting Minutes
December 12. 2006 Page 4 of 8
6. NEW BUSINESS (continued)
MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK, the
Resolution was unanimously approved by roll call vote. An executed copy is also
attached hereto and made part of these Minutes.
7. MISCELLANEOUS -ITEMS LEFT OVER
1) DISCUSSION RE AWARD OF WASTE HAULER CONTRACT TO WASTE
MANAGEMENT OR REPUBLIC SERVICES.
Representatives of both firms were present, and substantial discussion took place
regarding certain elements of the contracts, including length of contracts, CPI and fuel
increases, as well as consideration of the seven (7) classes of customers now served.
It was also noted that in seeking references for Sunburst Sanitation provided by Ms.
Stanley, Mr. Sugerman came across several different names for the haulers; Ms.
Stanley advised that all were wholly owned subsidiaries of Republic Services.
Concluding discussion, and with Mr. Sugerman advising that he had only received the
Sunburst contract after hours the day before (December 11) and had not had time to
thoroughly review it, it was the consensus to request aone-month extension of contract
from Waste Management and continue discussion/consideration of the two (2) firms at
the January 2, 2007 Regular Meeting.
• 2) DISCUSSION RE CONSTRUCTION OF A DOCK ON THE
INTRACOASTAL BEHIND THE LIBRARY.
Lengthy discussion, both pro .and con, took place regarding this issue. Ending
discussion, a MOTION by COMMISSIONER NEWILL/SCALA-PISTONE to drop the
subject failed by a 3-2 majority [Mayor/Vice Mayor/Commissioner Zwick voted "no;"
Commissioners Newill/Scala-Pistone voted "yes"]. However, Town Manager Sugerman
then offered four (4) steps he would undertake with Commission approval, and a majority
of the Commission were agreeable to his offer. Upon MOTION by COMMISSIONER
ZWICKIVICE MAYOR ASSELTA, a favorable majority voted to have the Town Manager:
1) {ook into leasing a dock.
2) contact Boca to get cost of its marine patrol.
3) contact Boca to determine any interest in contracting
its services.
4) determine phase 1 engineering cost for Town dock..
MayorNice Mayor/CommissionerZwickvoted "yes;" Commissioners Newill/Scala-Pistone
voted "no."
3) MINUTES OF TOWN COMMISSION MEETINGS.
• Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE, the
following sets of Minutes were unanimously approved:
Minutes of Town Commission Regular Meeting
December 12. 2006 Page 5 of 8
7. MISCELLANEOUS -ITEMS LEFT OVER (continued
Minutes:
NOVEMBER 21, 2006 SPECIAL MEETING PRE ATTORNEY-CLIENT
PRIVATE SESSION 1.
NOVEMBER 21, 2006 SPECIAL MEETING PRE ATTORNEY-CLIENT
PRIVATE SESSION 2.
NOVEMBER 28, 2006 SPECIAL MEETING RE PROPERTY INSURANCE
EXCISE TAX TO DELRAY FIREFIGHTER PENSION FUND.
NOVEMBER 28, 2996 WORKSHOP (as corrected: names of Seymour
Strauss and Joe Yucht)
8. REPORTS -TOWN COMMISSION
Commissioner Jim Newill, CPA, noted that Chief of Police Glenn Goss had resigned
and stated that, in his opinion, current staff should be encouraged to apply.
Commissioner Miriam S. Zwick referred to a notion some members had that the
Cultural Board should share in the $10,000 Library Speakers Grant provided by Palm
Beach County Commissioner Mary McCarty. The Commissioner said that, in her
opinion, this would be neither fair nor decent, as the Cultural Board seeks grants on their
own and Library Director Mari Suarez is handling the Speakers Program very capably.
Commissioner Rachael Scala-Pistone advised that dialing "511" would provide the
caller with updated traffic information.
Vice Mayor Joseph J. Asselta had several comments and requests:
.Said he was disappointed that the Police Chief was leaving and wished him well.
.Applauded the Library Staff on its first Boat Parade party, saying they
did a wonderful job.
.Asked that the "Light Up the Holidays" program be put on the next agenda for
discussion.
.Requested an Attorney-Client Private Session regarding Police Officer Robert
DeVito's lawsuit. January 2, 2007 at 12:00 noon was the date and time set
upon Motion by Vice Mayor Asselta/Commissioner Newill, with unanimous
favorable vote.
C7
Town Commission Regular Meeting Minutes
December 12, 2006 Page 6 of 8
8. REPORTS -TOWN COMMISSION (continued)
.Agreed with Commissioner Newill that applications for the Police Chief position
should be open to in-house officers. In this regard, and upon unanimous
favorable Motion by Vice Mayor Assselta/Commissioner Newill, the Town
Manager was asked to set Commission interviews with interested current police
officers. In terms of advertising for the position, as questioned by the
Town Manager, unanimous favorable Motion by Commissioner
Newill/Commissioner Scala-Pistone approved "only those presently employed"
constituted the parameters of Town Code Section 4.03.
.Asked the Commission's permission to work with Lynn Conservatory and
Library Director Mari Suarez to possibly bring some programs to the
Library. Upon unanimous favorable Motion by Commissioner
Newill/Commissioner Scala-Pistone, the Vice Mayor was requested to
proceed with this idea.
9. REPORTS -TOWN ATTORNEY
• Town Attorney Thomas E. Sliney had no report.
10. REPORTS -TOWN MANAGER
Town Manager Dale S. Sugerman advised that State Senator Jeff Atwater had asked
if the Town would be willing to host aMayor/Manager breakfast on 2/1/07, 8-10:30 A.M.
Upon unanimous favorable Motion by Commissioner Scala-Pistone/Commissioner Zwick,
the breakfast was approved.
Mr. Sugerman apologized in advance for the noise that will be created by the drilling of
well #8, which is set to start 12/13 or 14. He advised drilling will be daily, including
Saturdays, from 8:00 A.M. till dark; there will be no drilling on Sundays or Holidays.
Concluding his remarks, Mr. Sugerman wished Happy Holidays to all.
11. CONSENT AGENDA
1) AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH PALM
BEACH COUNTY FOR A GRANT FOR THE 2006-2007 LIBRARY
SPEAKERS PROGRAM.
2) PURCHASE OF THREE (3) MARKED POLICE VEHICLES FROM THE FY
2006-2007 BUDGET.
Town Commission Regular Meeting Minutes
December 12, 2006 Page 7 of 8
11. CONSENT AGENDA (continued)
3) AMENDMENTS TO THE TOWN'S PURCHASING POLICY AND
PROCEDURES.
4) THE FOLLOWING SETS OF MINUTES:
OCTOBER 31, 2006 WORKSHOP
NOVEMBER 7, 2006 REGULAR MEETING
Commissioner Newill requested that No. 3 be pulled. Upon MOTION by VICE MAYOR
ASSELTA/COMMISSIONER ZWICK, Nos. 1, 2 and 4 were unanimously approved.
3) AMENDMENTS TO THE TOWN'S PURCHASING POLICY AND
PROCEDURES.
Commissioner Newill said he was uncomfortable with the category "Purchase of Items
$5000.01 to $25,000.00." After some discussion, and upon MOTION. by
COMMISSIONER NEWILL/COMMISSIONER ZWICK, it was agreed that wherever in the
• Town's Purchasing Policy and Procedures the amount of a $25,000 limit appears, it is
to be reduced to a $15,000 limit. Motion met with unanimous favorable vote.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED
AT MEETING
Joe Yucht, Boca Hi, said he questioned the legality of the solicitation of money by a
Town Board (see Cultural Board Presentation}; he also suggested that adding a fire hose
to a marine patrol boat would be extremely expensive.
Allan Teller,4210 South Ocean Blvd., suggested the Town Manager look into a private
security firm re Intracoastal coverage; while it would not solve the wake problem, it might
deter access to private property.
Serge Malihian, Ocean Grande, (immediately south of Town Hall) had issues with the
noise coming from the water plant, as well as unauthorized traffic coming and going
after business hours into the parking areas behind Town Hall.
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor
Hagelmann adjourned the Regular Meeting at 4:45 P.M. upon MOTION by VICE MAYOR
• ASSELTA/COMMISSIONER NEWILL.
dmt
Minutes of Town Commission Regular Meeting
December 12, 2004 Page 8 of 8
APPROVE:
rold R. Fjtag~ir~nn, Mayor
,Vice Mayor
~-
~~~..Q C=am
Rachael Scala-Pistone, Commissioner
Miriam S. Zw(ck,( Cafixfmissioner
•
Jim New,iiri.'CPA. Com
Attest:
~~•
Date: - °S~ ~ v ~ ~
•