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2005.04.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MEETING OF TOWN COMMISSION REGULAR MEETING Tuesday April 5, 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. Following roll call, the Pledge of Allegiance was given, followed by a moment of silence for the nation's service men and women. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Vice Mayor Asselta requested the Agenda be amended to include the R.O. plant ad hoc committee's preliminary findings. Town Manager Dale S. Sugerman requested the agenda be amended to include furniture expenditures for the new library, as well as a report on a "boil water" order. Hearing no objection, Mayor Hagelmann so amended the agenda. 2. PUBLIC COMMENTS AND REQUESTS Joe Yucht, Boca Highland, advised the Milani Park suit was scheduled for hearing in July or August. Mr. Yucht also roundly criticized the Commission's acceptance of the former Acting Town Manager's decision to forego Board Appreciation Luncheon "gifts" and instead give a $500 donation to Boca Helping Hands in the board members' names. His word for the action was "chintzy." (back-up information attached to and made part of these Minutes) Finally, Mr. Yucht suggested that "snow birds" be recognized when they return up north by making them "Highland Beach Ambassadors" to their northern neighborhoods. i Ray Copolla, Highland Beach Club, commented that it was his opinion that no member of any ad hoc committee should serve if there is a conflict of interest. ., Town of Highland Beach Regular Meeting Minutes April 5, 2005 Page 2 of 7 2. PUBLIC COMMENTS AND REQUESTS (continued) Seymour Strauss, Boca Highland, presented his rendition of the turtle sculpture that he proposed to be mounted in front of the new library. 3. PRESENTATIONS (1) NOWLEN, HOLT & MINER, P.A.: COMPREHENSIVE ANNUAL FINANCIAL REPORT (FY 2003-2004) Managing Partner Ed Holt and Managing Auditor Vaughn Stoll gave an overview of the 2003/2004 fiscal year Comprehensive Annual Financial Report. Questions posed by the members were answered to their satisfaction, with Commissioner Newill, as the former Chair of the Financial Advisory Board, giving high marks to the body of work. (condensed version of the report attached to and made part of these Minutes) Following discussion, and upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER NEWILL, the FY 2003/2004 Comprehensive Annual Financial Report was unanimously accepted and approved by unanimous roll call vote. • (2) PRESENTATION OF PRELIMINARY FINDINGS OF THE R.O. PLANT AD HOC COMMITTEE. Vice Mayor Asselta, Jack Halpern, David Stern Vice Mayor Asselta advised the committee had done an analysis of the R.O, plant dating back to the original bidding, noting it was never intended to be a financial audit. Engineer Jack Halpern, a member of the Code Enforcement Board and Board of Adjustment, addressed the technical aspects of the analysis (copy of his hand-written notes attached hereto and made part of these Minutes). And while Mr. Halpern advised that the Town had gotten what it paid for, he suggested the remaining CH2M HILL invoices not be paid until contract authorization for these amounts had been resolved, Financial Advisory Board member, David Stern, commented on the monies that will be realized when the wellfield and water plant sites in Boca will be sold, but agreed with Mr. Halpern that no further CH2M HILL. invoices should be paid at this time. Following the presentation, and upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER SCALA-PISTONE, the ad hoc committee's preliminary report was unanimously accepted, with a formal report to be submitted in the near future. U Town Commission Regular Meeting Minutes • April 5, 2005 Page 3 of 7 3. PRESENTATIONS (continued) Before proceeding with the agenda, the Commission requested the auditors, Nowlen, Holt and Miner, to submit a letter of special engagement to conduct (1) a financial audit required by the State re monies borrowed against the R.O. bond and (2) a full and comprehensive audit regarding the R.O.plant, to which Mr. Holt agreed. MOTION to this effect was made by VICE MAYOR ASSELTA/COMMISSIONER NEWILL, followed by unanimous favorable roll vote. 4. BOARDS AND COMMITTEES A) BOARD CORRESPONDENCE: NONE. B) BOARD VACANCIES: John Pagliaro was reappointed to the Code Enforcement Board (Commissioner Zwick/Commissioner Scala-Pistone); and John Hamerski was appointed to the Financial Advisory Board (Commissioner Newill/Commissioner Zwick), each fora 3-year term. One vacancy remains on the Beaches and Shore Advisory Board. C) BOARD ACTION REPORT: Mayor Hagelmann read the BAR for March into the record. D) MONTHLY BOARD MEETINGS: The Mayor announced the following: Planning Board Workshop - 4/13/05 - 9:30 A.M., followed by a Public Hearing Board of Adjustment - 4/19/05 -Quarterly - 9:30 A.M. Code Enforcement Board - 4/20/05 -Quarterly - 9:30 A.M. Financial Advisory Board -None Scheduled. Beaches & Shores Advisory - 4/12/05 - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS 1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE NO. 705, WHICH APPROPRIATED FUNDS FOR THE FISCAL YEAR 2003/2004, WHICH BEGAN OCTOBER 1, 2003 AND ENDED SEPTEMBER 30, 2004. (first reading 3/29/04; published April 4, 2005) Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE, this proposed ordinance was approved by unanimous roll call vote. Town Commission Regular Meeting Minutes • April 5, 2005 Page 4 of 7 5. PROPOSED ORDINANCES AND RESOLUTIONS (continued) 2) A RESOLUTION OF THE TOWN COMMISSION OF HIGHLAND BEACH ESTABLISHING A CULTURAL BOARD; AND DEFINING THE COMPOSITION, TERMS AND RESPONSIBILITIES OF THE BOARD. Upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK, this proposed Resolution was approved by unanimous favorable roll call vote. 3) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, RESCINDING RESOLUTION NO. 780 WHICH IMPOSED SOUTH FLORIDA WATER MANAGEMENT DISTRICT (DISTRICT) PHASE II WATER RESTRICTIONS ON THE TOWN UNTIL THE REVERSE OSMOSIS WATER TREATMENT PLANT WAS OPERATIONAL. Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER SCALA-PISTONE, this proposed Resolution was approved by unanimous favorable vote. However, Town Manager Sugerman cautioned residents to irrigate no more than twice per week, lest a return to the restrictions become necessary. • 4) DRAFT: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH DECLARING THE EXISTING TOWN WATER TREATMENT PLANT, LOCATED ON NORTH FEDERAL HIGHWAY IN BOCA RATON, SURPLUS PROPERTY AND PROVIDING FOR THE DISPOSITION OF SAID PROPERTY. 5) DRAFT: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH DECLARING THE EXISTING TOWN WELL FIELD PROPERTY, LOCATED NEAR N.W. 70th STREET IN BOCA RATON, SURPLUS PROPERTY AND PROVIDING FOR THE DISPOSITION OF SAID PROPERTY. Proposed Resolutions 4) and 5) had been drafted by Town Attorney Sliney for discussion purposes only, as he advised that some fine-tuning of the resolutions will be necessary. For example, as noted by Mr. Sliney, Boca Raton has first right of refusal on the Town's wellfield property, and so it must be decided if the selling price should be based on the appraisal or submitted via sealed bid. The Town Attorney also suggested a Special Meeting be held to discuss all aspects of the land sale, both wellfield and plant. 6. NEW BUSINESS NONE. • • `Town Commission Regular Meeting Minutes April 5, 2005 Page 5 of 7 7. MISCELLANEOUS -ITEMS LEFT OVER Upon MOTION by COMMISSIONER NEWILL/COMMISSIONER ZWICK, the following sets of Minutes were unanimously approved: FEBRUARY 17, 2005 SPECIAL (TOWN MANAGER CONTRACT) FEBRUARY 22, 2005 WORKSHOP MARCH 1, 2005 REGULAR MARCH 15, 2995 SPECIAL (OATH OF OFFICE/TOWN MANAGER) MARCH 15, 2005 CANVASSING BOARD/SPECIAL (ELECTIONS) 8. REPORTS -TOWN COMMISSION Commissioner Jim Newill, CPA, had no report. Commissioner Miriam S. Zwick extended thanks to Town Manager Dale S. Sugerman and Police Chief Glenn Goss, noting they had attended, by her invitation, a recent "Meet and Greet" get-together at Boca Hi. The Commissioner said she and others in attendance were impressed by and appreciated their openness and cordiality. Commissioner Zwick also asked the Commission's consent to deliver to Morikami Park and Museum confirmation from the Division of Historical Resources that the name "Jap" Rock, by which the jetty at the south end of Town had long been known, had been formally changed to "Yamato" Rock. The Commission wholeheartedly agreed. Commissioner Rachael Scala-Pistone noted that she was the only one on the Commission during the R.O. plant construction; the Commissioner said she raised questions during that time, but most of the time got no response. Commissioner Scala-Pistone also commented on the dune vegetation project needed to have contiguous participation from all beachfront properties in order to preserve the integrity of the project, and requested the Town Manager to send a letter of support in this regard to all affected properties. Concluding discussion regarding repeated assurances from developer Jeff Norman that the dock dispute would be resolved, and with the Commissioner noting the project had been dragging on for a year and three (3) months and had still not been completed, MOTION was made by VICE MAYOR ASSELTA/COMMISSIONER SCALA-PISTONE that a letter from the Mayor be sent to Mr. Norman expressing the Town's frustration with the longevity of the project and requesting that it be brought to closure. Motion met with unanimous approval. Town Attorney Sliney said he would work with the Mayor regarding the letter's format. Vice Mayor Joseph J. Asselta suggested the current ad hoc committee set up to review • permit fees be disbanded. The suggestion met with unanimous favorable vote upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER NEWILL. It was agreed the Town Attorney and Town Manager will re-write the Building Code. • 'Town Commission Regular Meeting Minutes April 5, 2005 Page 6 of 7 8. REPORTS -TOWN COMMISSION (continued) Vice Mayor Asselta also requested that discussion of the Pension Plan be put on an upcoming agenda. Mayor Harold R. Hagelmann advised he had been in touch with both the Department of Transportation and the County regarding Boca Hi's petition for crossing lights, and awaiting a letter stating final costs. 9. REPORTS -TOWN ATTORNEY Town Attorney Thomas E, Sliney suggested the Commission hold an Executive Session regarding the Hoffmann property, which was agreed to. During discussion, it was noted that neither Mayor Hagelmann nor Commissioner Newill had any inkling of what had been decided regarding the previous Executive Session for the Azure property, not having been seated at that time. Hence it was agreed that back- to-back Executive Sessions be held as soon as possible. Mr. Sliney noted that Attorney George Roberts, who was assigned to both cases by the Town's insurance carrier, should be present and said at both sessions and he would check with Mr.Roberts regarding his schedule. . 10. REPORTS -TOWN MANAGER Town Manager Dale S. Sugerman reported on the fol{owing: Started work on the Adelphia Cable Franchise Agreement Negotiations. .Given L.F. Levi Co. a Notice to Proceed with the R.O. Plant noise abatement project. .Asked the Commission to approve a request for an 11+ M request re stacking chairs for the library, as the Town's purchasing regulations allow for Town Manager approval up to 10 M. Unanimous Commission approval was given upon MOTION by COMMISSIONER NEWILL/COMMISSIONER ZWICK. .Noted a 72-hour "boil water" order for some parts of Boca Hi because of a water main break in Grand Cay. At the end of Mr. Sugerman's report, Commissioner Scala-Pistone requested that he instruct the Building Official to include corresponding dollar amounts with the information contained in his quarterly report. • 11. CONSENT AGENDA NONE. Town Commission Regular Meeting Agenda • April 5. 2005 Page 7 of 7 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Jack Halpern, referring to problems encountered with the construction of the R.O. plant, reminded the Commission that CH2M HILL was the Town's engineers of record. Regarding Ocean Cove, Mr. Halpern questioned if the pilings associated with the docks in dispute had indeed been attempted to be pulled out, rather than cut. Alan Teller, Chair of the Financial Advisory Board, noted that Board was never consulted in any way regarding the R.O. plant. Mr. Teller also asked the Commission to advise what issues the Board could initiate. 13. ADJOURNMENT Ter being no further business to come before the Commission at this time, Mayor Hagelmann adjourned the Regular Meeting at 4:10 P.M. uponn MOTION by COMMISSIONER NEWILL/COMMISSIONER ZWICK. dmt APPROVE: l Harold R. F L-. ~~~ issioner Attest: ~, e~t~:- Date: T~3~o ~