2005.03.29_TC_Minutes_Workshop
TOWN OF HIGHLAND BEACH, FLORIDA
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP
Tuesday. March 29, 2005 1:30 P.M.
Mayor Harold R. Hagelmann called the Workshop to order i 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 were present, as
were members of the general pubic.
After roll call, the Pledge of Allegiance was given, followed by a moment of silence in
honor of the nation's service men and women.
• 1. ADDITIONS DELETIONS OR ACCEPTANCE OF AGENDA
Hearing no objection, Mayor Hagelmann declared the Agenda accepted as presented.
INTERVIEW TALENT BANK APPLICANTS RE FINANCIAL ADVISORY BOARD
VACANCY.
Two (2) candidates were interviewed: Mr. John Hamerski and Mr. Nick Nicholas.
Both shared their business backgrounds and answered members' questions
satisfactorily.
2. PUBLIC COMMENTS AND REQUESTS
Bill Flynn, Seagate, commented on Adelphia's rate hikes for bulk condominium cable
contracts.
Emily Gentile Fertil, Toscana, as Chair of the Cultural Board, said she would like to
make revisions to the Resolution regarding that Board after it was read at this meeting.
Seymour Strauss, Boca Hi, said he would have a rendition of the turtle monument he is
proposing to be placed at the new library entrance at the April 5 meeting.
Felix Goldenson and Pat Petrone, Seagate, registered complaints regarding Building
Department permit and inspection charges. A review of the department was requested
by Mr. Goldenson.
• Town Commission Workshop Minutes
March 31. 2005 Page 2 of 6
2. PUBLIC COMMENTS AND REQUESTS (continued)
Turtle Coordinator Jose Echeverria, Russell Drive, announced an early nesting, the first
of the season.
Joe Yucht, Boca Hi, presented a petition regarding installation of a flashing light for
safety purposes at the Boca Hi crosswalk (copy attached to and made part of these
Minutes).
3. PRESENTATIONS
NONE.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: FINANCIALADVISORY BOARD MEMO RE
SELECTION OF INSURANCE CONSULTANT, AND REVIEW OF
COMPREHENSIVE ANNUAL FINANCIAL REPORT.
• The FAB's memorandum referred to Waters Risk Management being selected to conduct
an analysis of the Town's insurance policies, as well as a review of the FY 2003/3004
Comprehensive Annual Financial Report. (copy of memo attached to and made part of
these Minutes.)
B) BOARD VACANCIES: ONE (1) ON CODE ENFORCEMENT (JOHN
J. PAGLIARO ELIGIBLE FOR REAPPOINTMENT); ONE (1) ON BEACHES
& SHORES ADVISORY; ONE (1) ON FINANCIAL ADVISORY.
Vacancies were so noted, as was Mr. Pagliaro's desire to be reappointed to Code
Enforcement.
C) BOARD ACTION REPORT: NONE.
D) MONTHLY BOARD MEETINGS: Previously submitted.
5. PROPOSED ORDINANCES AND RESOLUTIONS
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.
There was little discussion regarding the proposed ordinance, as this is a yearly action
taken by the Commission.
Town Commission Workshop Minutes
March 29, 2005 Page 3 of 6
5. PROPOSED ORDINANCES AND RESOLUTIONS (continued)
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, ESTABLISHING A CULTURAL BOARD; AND DEFINING THE
COMPOSITION, TERMS AND RESPONSIBILITIES OF THE BOARD.
Chair Emily Gentile Fertil introduced two (2) amendments to the Resolution, i.e.,
application for grants and involvement with other cultural entities. She also asked that
time be allowed for a review of potential board members.
6. NEW BUSINESS
(1) DISCUSSION RE: REPEAL OF SOUTH FLORIDA WATER
MANAGEMENT DISTRICT PHASE II WATER RESTRICTIONS
(RESOLUTION NO. 780).
After some discussion, it was the consensus of the Commission that a Resolution be
drafted to rescind these water restrictions, and that such Resolution be available for the
April 5 Regular Meeting.
• (2) DISCUSSION RE: ADELPHIA CABLE FRANCHISE AGREEMENT
NEGOTIATIONS.
Referring to his March 18 Update of Information memorandum, Town Manager Dale S.
Sugerman asked for a consensus that he negotiate renewa{ of the Adelphia Cable
Franchise Agreement; consensus followed after some discussion.
(3) DISCUSSION RE: PAYMENT OF OUTSTANDING INVOICES TO
CH2M HILL, CONSULTING ENGINEER, REVERSE OSMOSIS WATER
TREATMENT PLANT.
Public Works Director Jack Lee joined in a quite lengthy discussion regarding these two
(2) invoices ($97,000 and $117,000) respectively. It was noted that the hours shown on
the invoices, for various CH2M HILL personnel, did not include definitive explanations
of the work done during these hours; therefore, it was the consensus not to pay the
invoices until such explanations were made available.
Also during discussion, Commissioner Newill commented that he felt the internal
investigation of the R.O. plant's history being done by Vice Mayor Asselta and residents
Jack Halpern (Code Enforcement member) and David Stern (Financial Advisory member)
was a conflict of interest and that such should be accomplished by outside auditors.
The Vice Mayor refuted the conflict of interest claim, noting the ad hoc committee had
looked for and determined some irregularities, and that a report from that committee
would be forthcoming at the April 5 Regular Meeting. Vice Mayor Asselta also noted he
would be in favor a comprehensive audit by outside auditors.
• Town of Highland Beach Workshop Minutes
March 29. 2005 Page 4 of 6
7. MISCELLANEOUS -ITEMS LEFT OVER
(1) DISCUSSION RE: R.O. WATER TREATMENT PLANT ACOUSTICAL
ENGINEERING PROJECT.
Despite objection by Dr. Bert Shapiro, Vice President of the Highland Beach Club
Association, that the project would not be adequate, it was the consensus of the
Commission to approve the acoustical (noise abatement) water plant project.
(2} DISCUSSION RE: DATE FOR GRAND OPENING CELEBRATION OF
REVERSE OSMOSIS WATER TREATMENT PLANT.
Having been advised that all services contracted for the January 20, 2005 date (caterer,
band, trolley, etc.) would honor those contracts for one (1) year from that date, it was the
consensus that a new date would be selected within a year's timeframe so that most
Town's people would be in residence.
(3) MINUTES FOR APPROVAL AT APRIL 5, 2005 REGULAR MEETING:
FEBRUARY 17, 2005 SPECIAL (TOWN
FEBRUARY 22, 2005 WORKSHOP
MARCH 1, 2005 REGULAR
MARCH 15, 2005 SPECIAL (OATH OF
MARCH 15, 2005 CANVASSING
ELECTIONS)
MANAGER CONTRACT)
OFFICE/TOWN MANAGER
BOARD/SPECIAL (MUNICIPAL
As observed by Commissioner Newill, incorrect ballot totals noted in the Minutes for the
March 15 Canvassing/Special Meeting would be amended by the Clerk to reflect correct
totals. Minutes were then moved to the April 5 Regular Meeting Agenda for further
consideration and possible approval.
8. REPORTS -TOWN COMMISSION
Commissioner Jim Newill, CPA, asked that the R.O plant audit to be done by outside
auditors be comprehensive in scope, and not just meet the requirements of the
Department of Environmental Protection's requirements regarding monies loaned by the
State.
Commissioner Miriam S. Zwick asked the Commission to consider cutting down on
"paper." As an example, the Commissioner referred to police reports and suggested
these might be done quarterly instead of monthly. Town Manager Sugermen advised
that Police Chief Goss was in the process of revising these reports; he further advised
that the Commission would be kept abreast of all important police issues/actions on a
timely basis.
Minutes of Town Commission Workshop
March 29. 2005 Page 5 of 6
S 8. REPORTS -TOWN COMMISSION (continued)
Commissioner Rachael Scala-Pistone advised she had heard complaints about the
Building Department during her recent campaign. The Commissioner also asked if a
presentation for signal crossings could be arranged for the April 5 meeting; however, the
Town Manager advised plans for the signal crossing at Boca Hi would be available next
week.
Vice Mayor Joseph J. Asselta referred to the Building Department problems, saying
that a new ad hoc committee to review permit fees should be formed. The Vice Mayor
also suggested that the Building Code be revised.
Mayor Harold R. Hagelmann, in the interest of time, deferred his report until the April
5 Regular Meeting.
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney reported he had been advised that the pilings for the
docks in question at the Ocean Cove property will be removed within 2 or 3 weeks. Mr.
Sliney also gave a brief overview of the Sunshine Law (copy attached to and made part
of these Minutes).
• 10. REPORTS -TOWN MANAGER
Town Manager Dale S. Sugerman reported he would be meeting with representatives
of the Florida Department of Agriculture within the next week to discuss canker disease
found on several citrus trees on Bel Lido Island. Mr. Sugerman also noted that the
construction vehicle parking problem on the north end of Town appears to have solved
itself with the completion of "Villa Viscaya;" however, he also noted that the DOT, in
cooperation with the Police Department, will restrict construction vehicle in the future.
11. CONSENT AGENDA
NONE.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Jack Halpern, Ambassadors So~rth, as a member of the R.O ad hoc committee, agreed
with the Commission's decision not to pay the outstanding CH2M HILL invoices.
David Brody, Highland Beach Club, commented on the noise emanating from the R.O.
plant, and suggested the Town adopt allowable noise decibels from nearby cities, rather
than using the County's.
Town of Highland Beach Workshop Meeting
March 29, 2005 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 4:05 P.M., upon MOTION by COMMISSIONER
SCALA-PISTONE/COMMISSIONER ZWICK.
dmt
APPROVE:
Miriam S. Zwic , Co ssioner
Jim will, CPA, Commissioner
Attest:
ate` -~~ .
Date: -~13 / 0 5'
i•
Rachael Scala-Pistone, Commissioner