2005.06.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday June 7 2005 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 our military service personnel.
1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
Ma or Ha elmann re uested that the presentations for library sound proposals be moved
Y 9 q
ahead of Public Comments. There was no objection, and the Agenda was so amended.
3. PRESENTATIONS
Library Sound System: (1) ShowPro
(2) iTech Audio-Video
Because the proposals were extremely technical, both Robert Crozier for iTech and
David Imber for ShowPro, referenced their work for other clients and agreed to simply
answer questions put to them by the Commission. (Copies of proposals attached to and
made part of these Minutes.)
2. PUBLIC COMMENTS AND REQUESTS
Planning Board Chairman Neal Burd requested the Commission to extend member
Theresa Colarullo's term by one (1) year, explaining that she was originally appointed
to fill a vacancy left by Mike Browner's death. Mr. Burd stated that Mrs. Colarullo is a
valued member of the Planning Board and, therefore, hoped the Commission would
honor his request and allow Mrs. Colarullo to serve a full 6-year term. After brief
discussion, it was the consensus to honor Mr. Burd's request.
Town Commission Regular Meeting Minutes
June 7 2005 Paae 2 of 7
2. PUBLIC COMMENTS AND REQUESTS (continued)
Judi Asselta, 3450 S. Ocean Boulevard, read a list of objections to the proposed county
park into the record (Copy attached to and made part of these Minutes.)
Joe Yucht, Dalton Place, reiterated that former owner Lucia Milani's suit against the
county regarding the park property would be going to trial in August.
Jack Halpern, Ambassadors South, suggested the Town start dealing with the county
regarding type and scope of park now.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE.
B) BOARD VACANCIES:
One (1) on Planning Board
Five (5) on Cultural Society Board
After some discussion and upon MOTION by COMMISSIONER NEWILLNICE MAYOR
ASSELTA, it was unanimously voted that all future board appointments, where more
than one applicant had expresssed interest, would be by written, unsigned ranking ballot.
Previous to this discussion, Patricia Pembroke was nominated for the one (1) Planning
Board vacancy by Commissioner Scala-Pistone. Unsigned, ranking ballots were then
made, with results as follows:
Patricia Pembroke - 3 votes
Ken Tapman - 2 votes.
Ms. Pembroke will serve a 3-year term on the Planning Board beginning this month.
(Copies of ballots attached hereto and made part of these Minutes.)
After some discussion and upon MOTION by COMMISSIONER
NEWILL/COMMISSIONER ZWICK, with unanimous approval, the following residents
were appointed to 3-year terms on the newly formed Cultural Society Board starting this
month:
Bettie Altman
Jack Glazer
Lois Feldman
Gerry Pagliaro
There remain two (2) openings on this Board.
Town Commission Regular Meeting Minutes
June 7 2005 Page 3 of 7 •
4. ,BOARDS AND COMMITTEES (continued)
C) BOARD ACTION REPORT: Mayor Hagelmann read the BAR for May 2005
into the record.
D) MONTHLY BOARD MEETINGS:
Planning Board -None Scheduled
Board of Adjustment -None Scheduled.
Code Enforcement Board -None Scheduled.
Financial Advisory Board -None Scheduled.
Beaches & Shores Advisory - 6/14/05 - 9:30 A.M.
5. PROPOSED ORDINANCES AND RESOLUTIONS
1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING CODE OF ORDINANCES SECTION 29-14, "LEAKS ON CONSUMER
SIDE OF METER." (first reading 5/3/2005; published 5/17/05)
Upon MOTION by COMMISSIONER NEWILLNICE MAYOR ASSELTA, this ordinance
was unanimously approved. •
2) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING ORDINANCE NO. 710, WHICH APPROPRIATED FUNDS FOR
FISCAL YEAR 2004-2005, WHICH BEGAN OCTOBER 1, 2004 AND ENDS
SEPTEMBER 30, 2005. (first reading)
This proposed ordinance had been previously discussed at the May 31 Regular
Meeting.
3) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA;
AUTHORIZING THE ISSUANCE OF A NOTE OF THE TOWN IN THE PRINCIPAL
AMOUNT NOT EXCEEDING $3,860,000 TO REFUND THE TOWN'S WATER
AND SEWER REVENUE BONDS, SERIES 1995; PROVIDING THAT SUCH
NOTE SHALL BE A LIMITED OBLIGATION OF THE TOWN PAYABLE FROM
CERTAIN REVENUES AS PROVIDED HEREIN; APPROVING THE FORM OF
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT WITH WACHOVIA BANK, NATIONAL ASSOCIATION AND AN
ESCROW DEPOSIT AGREEMENT WITH THE BANK OF NEW YORK TRUST
COMPANY, N.A.; PROVIDING FOR THE RIGHTS, SECURITIES AND
REMEDIES FOR THE OWNER OF SUCH NOTE; MAKING CERTAIN
COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE. .
Town Commission Regular Meeting Minutes
June 7 2005 Page 4 of 7
5. PROPOSED ORDINANCES AND RESOLUTIONS (continued)
Town Manager Sugerman explained this Resolution was part of the loan package from
Wachovia Bank that will allow a 2.88% interest rate on the remaining debt of the 1995
Water and Sewer Revenue Bonds, with a savings to the Town of $500,000+ to the Town.
When complimented on this achievement by the members, Mr. Sugerman thanked them
and gave equal credit for the project to Finance Director Stan Novak.
Upon MOTION by COMMISSIONER NEWILL/COMMISSIONER ZWICK, followed by
unanimous favorable vote, the Mayor was authorized to sign the Resolution.
Mr. Sugerman advised closing on the loan would take place on June 8.
4) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, CANCELLING THE AUGUST 30, 2005
WORKSHOP AND CHANGING THE DATE OF THE SEPTEMBER 6, 2005
REGULAR MEETING, DUE TO LACK OF QUORUM, TO SEPTEMBER 13.
Having been previously discussed, this Resolution was unanimously approved upon
MOTION by COMMISSIONER ZWICKNICE MAYOR ASSSELTA.
• 6. NEW BUSINESS
APPROVAL OF LIBRARY PROJECT EXPENDITURES.
Several elements of library expenditures were discussed:
Commissioner Zwick noted that motorized shades for certain
areas were called for (west side; movie viewing area).
Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-
PISTONE, with unanimous vote, Butler Construction would
be advised to proceed to prepare for electrical work for
the motorized shades.
. After substantial discussion and upon MOTION by
COMMISSIONER NEWILL/COMMISSIONER SCALA-PISTONE,
followed by unanimous vote, low bidder iTech was
awarded the library sound project.
. Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER SCALA-
PISTONE, with unanimous favorable vote, the Town Manager
was authorized to pay the April 30, 2005 architect invoice
in the amount of $1,360; sign off on the purchase order
for five (5) wing tables; and to approve Change Order #2.
Town Commission Regular Meeting Minutes
June 7 2005 Page 5 of 7
6. NEW BUSINESS (continued)
APPROVAL OF LIBRARY PROJECT EXPENDITURES.
. Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK,
with unanimous vote, Town Manager Sugerman was directed
to give a monthly running total on library budget items.
7. MISCELLANEOUS -ITEMS LEFT OVER
Upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK, the
following sets of Minutes were unanimously approved:
APRIL 26, 2005 WORKSHOP
MAY 2, 2005 SPECIAL (PRE ATTORNEY/CLIENT SESSION RE
AMCO)
MAY 2, 2005 SPECIAL (PRE ATTORNEY CLIENT SESSION RE LUXURY
DEVELOPERS)
MAY 3, 2005 REGULAR
• MAY 3, 2005 SPECIAL WORKSHOP (SALE OF BOCA PROPERTY)
8. REPORTS -TOWN COMMISSION
Commissioner Jim Newill, CPA, referring to a recent incident at 4215 S. Ocean,
questioned if garage sales were allowed in Town. During discussion it was noted that
the Code had not been changed to allow such activity and, referring to the "Home
Occupation" section of the zoning code (page 47), it was the consensus to remind
residents, via the next Newsletter, that garage sales were not allowed.
Brief discussion took place with Police Chief Goss regarding parking on A1A.
Concluding his remarks, Commissioner Newill stated that he would vote against the sale
of the Town's Boca Raton property until monies realized from the sale are planned for.
Commissioner Miriam S. Zwick read portions of a letter received from Morikami
Museum's Curator of Collections and Interim Director thanking her for her efforts in
successfully having the name of "Jap" Rock changed to "Yamato" Rock. It was the
consensus that the letter be framed and presented to the Historical Committee for
placement in the new library's History Room.
Commissioner Rachael Scala-Pistone advised she is continuing a review of the code
of ordinances as applicable to the Building Department and the Planning Board.
Town Commission Regular Meeting Minutes
June 7 2005 Page 6 of 7
8. REPORTS -TOWN COMMISSION (continued)
Vice Mayor Joseph J. Asselta referred to the Boca property and urged the Commission
not rush to judgment, as he was of the opinion that its value would not diminish. The
Vice Mayor also addressed the Milani Park issue, saying the Town should set guidelines
for the County regarding passivity, safety, security and traffic, and concluding with the
suggestion that a development impact report as to traffic should be done.
Mayor Harold R. Hagelmann had no report.
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
10. REPORTS -TOWN MANAGER
RECOMMENDED OUTLINE FOR SALE OF BOCA PROPERTY
Town Manager Dale S. Sugerman asked the members for their input regarding his and
the Town Attorney's recommended outline for the sale of the Boca property. Substantial
discussion took place, concluding with a MOTION by VICE MAYOR
ASSELTA/COMMISSIONER NEWILL, followed by unanimous vote, not to accept the
outline. (Copy of outline attached to and made part of these Minutes).
11. CONSENT AGENDA
APPROVING INTERLOCAL AGREEMENT WITH THE SOLID WASTE
AUTHORITY FOR THE ACCEPTANCE OF DISASTER DEBRIS
MATERIALS.
This Agreement was unanimously approved upon MOTION by COMMISSIONER
ZWICK/COMMISSIONER NEWILL.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Joseph Yucht, Dalton Place, was of the opinion that the County would not abide by any
guidelines the Town set forth regarding the County park.
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor
Hagelmann adjourned the Regular meeting at 5:00 P.M., upon MOTION by
COMMISSIONER NEWILL/COMMISSIONER SCALA-PISTONE.
Town Commission Regular Meeting Minutes
June 7. 2005 Page 7 of 7
APPROVE:
d R. Hagelmar ,Mayor
Vice Mayor
I ~
Rachael Scala-Pistone, Commissioner
Attest:
` /~
Date: S pZ o a ~
CPA, Commissioner