2010.06.01_TC_Minutes_Regular•
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, June 1, 2010 1.30 PM
Mayor Jim Newill, CPA called the Regular Meeting to order in Commission Chambers at 1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Jim Newill, CPA; Commissioner Doris M. Trinley;
Commissioner John J. Sorrelli; and Commissioner John J. Pagliaro. Also present: Town Attorney Tom
Sliney; Town Manager Dale S. 5ugerman; Town Clerk Beverly M. Brown; and members of the
public. Absent -Vice Mayor Miriam S. Zwick.
Pledge of Allegiance: The Pledge of Allegiance was given. Mayor Newill asked that everyone keep
Vice Mayor Zwick in their prayers wishing her a speedy recovery.
• Civility Pledge: The Civility Pledge was recited by the Town Clerk.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
Mayor Newill asked for any additions or deletions. Receiving none, the agenda was accepted as
presented.
2. PUBLIC COMMENTS AND REQUESTS
Seymour Strauss -Boca Highlands
Stated he would be away for the next few months and wished everyone a healthy summer. When
walking through the parking lot noticed one of our police women wearing a dark shirt. The Town
should consider changing the shirts to white for the summer. I have just completed donating the
fifth of five sculptures to the library, one in front of each window. Also envision a figure at Jap
Rock of a fisherman holding a pole. When I return this winter, it is my intent to solicit public
funds to purchase and install a sculpture of a loggerhead turtle on a black marble base in front of
the Library.
Joe Yucht -Boca Highlands
I would like to talk about the proposed settlement with the County. Boca Highlands is reasonably
satisfied with the agreement with the County. The executive brief from Audrey Wolf states the
• modified conditions of the settlement between Highland Beach and Palm Beach County will delay
Town Commission Regular Minutes
June 1 2010 Page 2 of 9
construction of the park for ten years with an additional two five year options, and other
• considerations. We wonder what else the modifications cover. Do not understand why the Town
did not discuss or involve Mrs. Milani and Boca Highlands in the discussions on the settlement.
A bad settlement is better than a good judgment. Also, how come there is nothing on today's
agenda regarding Milani Park?
3. PRESENTATIONS
A) Introduction of Jeffrey Kaplan and Deborah McCray, recently promoted to the position of
Sergeant within the Highland Beach Police Department.
Town Mana eg r Su eg rman -Patrol Officers Jeffrey Kaplan and Deborah McCray have recently
been promoted to the position of Sergeant within the Highland Beach Police Department. Chief
Hartmann would like to introduce them to the Commission.
Chief Hartmann -Thanked the Commission for allowing me time to introduce our two new
sergeants to the community. Both officers have been employed by the Town for three years, but
both have brought with them many years of experience with other law enforcement agencies.
Plaques were presented to both sergeants stating: "And he/she shall observe and follow such
orders and directions as he/she shall receive from the Chief of Police or other superior oj~cer,
according to the law of the State of Florida and the Regulations and Order of the Highland Beach
Police Department. Given under our hands and the Seals of the Highland Beach Police
Department and Town of Highland Beach. "
• 4. BOARDS AND COlVIlVIITTEES
A) Board Correspondence
• None
B) Board Action Report
• Read into the record by the Town Clerk
C) Vacancies
• Beaches & Shores Advisory -One -three-year term
• Planning Board -One -one-year unexpired term (5/11)
D) Monthly Board Meetings
• Special Magistrate -June 3rd -Cancelled
• Beaches & Shores Advisory -June 8th -Regular - 9:30 AM
• Planning Board -June 9d' - Cancelled
• Bd. of Adjustment -June 15'x' - Cancelled -Rescheduled for June 22nd at 9:30 AM
5. PROPOSED ORDINANCES AND RESOLUTIONS
A) ORDINANCE NO. 10-002 O -Second Reading and Public Hearing
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
THE FOLLOWING SECTIONS OF THE CODE OF ORDINANCES OF THE TOWN
OF HIGHLAND BEACH, FLORIDA: SECTION 23-7 PERMITTED SIGNS, SECTION
23-8 PROHIBITED SIGNS, SECTION 30-46 PUBLIC NOTICE, SECTION 30-64
Town Commission Regular Minutes
June 1 2010 Pale 3 of 9
PROPERTY DEVELOPMENT REGULATIONS, SECTION 30-68 SUPPLEMENTAL
• DISTRICT REGULATIONS, AND SECTION 30-131 DEFINITION OF TERMS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Town Clerk Brown read the Ordinance, title only, into the record.
Mayor Newill asked for comments from the Commission. Receiving no comments, he opened the
Public Hearing. Receiving no comments from the public, the Public Hearing was closed.
MOTION: Commissioner Sorrelli moved to adopt Ordinance No. 10-002 O on second reading;
seconded by Commissioner Pa lg iaro.
ROLL CALL:
Commissioner Sorrelli - Yes
Commissioner Pagliaro - Yes
Commissioner Trinley - Yes
Mayor Newill - Yes
Motion passed with a 4-0 vote.
B) ORDINANCE NO. 10-003 O -First Reading
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH ESTABLISHING A CODE
OF ETHICS POLICY FOR THE TOWN; CREATING THE CODE OF ETHICS WITHIN
• CHAPTER 2, ARTICLE IV OF THE CODE OF ORDINANCES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN
EFFECTIVE DATE.
Town Clerk Brown read Ordinance No. 10-003 O, title only, into the record.
Mayor Newill requested comments from the Commission. Receiving no comments, the Ordinance
will be scheduled for a second reading and public hearing at the July 6, 2010 Regular Commission
Meeting.
C) RESOLUTION NO. 10-007 R
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, RELATING TO THE STATE REVOLVING LOAN PROGRAM;
MAKING FINDINGS; AUTHORIZING AN AMENDMENT TO THE LOAN
AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING
AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR
CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
Town Clerk Brown read Resolution No. 10-007 R, title only, into the record.
Town Mana er Su erman -Working with the Florida Department of Environmental Protection
(DEP), I have been able to secure a second low-interest loan to pay for the remaining costs of the
. SR AlA Water Transmission Main project. Members of the Commission may remember that the
Town Commission Regular Minutes
June 1 2010 Pa eg 4 of 9
original voter approved project was for $3.94 million dollars, but we were only able to secure an
ARRA low interest loan for the first $3 million dollars of the project. Since the original loan
agreement, I have been able to secure an additional $819,677.00 in loan proceeds through the DEP.
This money will help us to recover all of our initial investment (design, engineering, permitting,
etc.) which was incurred by the Town (via a loan from the General Fund to the Utility Fund)
before we knew if we were going to get either a grant or a loan. In order to secure the additional
loan money, the Town Commission will need to authorize the Mayor to sign a Loan Agreement.
You may recall that our first loan under this program had a 20 year term with an interest rate of
2.82%. I have been advised that the new loan money will also be fora 20 year term, but will have
a slightly lower rate of 2.61%.
MOTION: Commissioner Pa lg_iaro moved to adopt Resolution 10-007 R; seconded by
Commissioner Trinley.
ROLL CALL:
Commissioner Pagliaro - Yes
Commissioner Trinley - Yes
Commissioner Sorrelli - Yes
Mayor Newill - Yes
Motion passed with a 4-0 vote.
6. NEW BUSINESS
• A) Authorizing the Mayor to Sign a Stipulated Settlement Agreement with Palm Beach
County -Milani Park.
Town Mana eg r Superman - On April 27, 2009 the Town Commission approved Resolution
09-004R granting to Palm Beach County a Development Order for the use and development of
their project known as the Cam D. Milani Park. The Development Order contained a total of 43
conditions, as is allowed under the Town's Code related to the granting of development orders.
Palm Beach County took exception to five of the 43 conditions, and subsequently filed two
lawsuits against the Town in the Fifteenth Judicial Circuit Court. The first lawsuit was a Writ of
Certiorari which the Court dismissed without comment in favor of the Town. The second lawsuit
was an action for declaratory and injunctive relief contesting the Development Order. The second
lawsuit never reached the hearing stage and is still pending. Palm Beach County has now offered a
Stipulated Settlement Agreement which would resolve the one remaining pending action. A copy
of the Stipulated Settlement Agreement is attached to the Agreement. The Palm Beach County
Board of County Commissioners unanimously adopted the Agreement, and the Chair of the Board
has executed the same. It is now up to the Town Commission if you wish to authorize the Mayor
to sign the Agreement on behalf of the Town. This will settle the case between the parties and
Palm Beach County will be able to move forward with the development of the Park, as long as
they continue to meet all of the conditions of approval as well as the newly agreed-to items
outlined in the Stipulated Settlement Agreement. I along with the Town Attorney am
recommending that the Town Commission authorize the Mayor to sign the Stipulated Settlement
•
Town Commission Regular Minutes
June 1, 2010 Page 5 of 9
Agreement. Both the Town Attorney and I were involved in bringing forth this agreement to you
• and he might have some comments.
Town Attorney Sliney - I agree with what the Town Manager has stated. We are at the stage
where I believe the Commission can make a motion and vote to accept the Agreement. On page 2
of the Manager's memo to the Commission, he refers to glitches in the actual document that need
to be corrected. While the agreement is acceptable, we need some clarification on these glitches
before the agreement is formally adopted.
Town Mana er Su e~ -Why don't we discuss publicly what I believe are the five glitches. I
was a little bit surprised to find the document sent to us, voted upon by the County Commission,
and executed by the Chairman of the Commission, to be the last revised document that had been
presented to the Town Commission. It is not a clean document, and all of the glitches need to be
cleaned up. #1) On page 1, the year of the agreement has been identified as 2009. The Chairman
of the County Commission just signed it this past week, so the year is actually 2010. # 2) On
pages 3-6, the document is still in legislative formatting language, which shows negotiations
between the parties, and still shows underlining. The underlining and strike through need to come
out. # 3) On page 6, the agreement still outlines that there is a dispute between Palm Beach County
and the Boca Highlands Condominium Association. My understanding is that the dispute has
actually been settled, however, the Stipulated Agreement between the County and the Town does
not reflect that fact. County needs to go on record stating that the dispute is settled. # 4) On page
8 (item #6) there is a reference to the Town Code which is "in effect at the time of the Amended
Development Order, (identified by X)." I believe that the "identified by X" language was meant as
• a placeholder until the "X" could have been better identified. It should state: "as exists in 2010."
# 5) On page 12 (item #20), the notice information of the Town was supposed to be filled-in in
two places indicating who gets notices, names and addresses. None of this was filled-in in either
place.
Town Attorney Sliney -None of the glitches adversely affect the agreement, but I would like to
hear comments from the County.
County Attorney Amy Petrick - I take full responsibility of the "Scribner's errors" in the
document. Also agree with Mr. Sliney, that they do not change the substance of the agreement.
Have no problem making the appropriate changes. Can be corrected by changing out the pages.
MOTION: Commissioner Sorrelli moved to approve and authorize the Mayor to sign the
"Stipulated Settlement Agreement with Palm Beach County -Milani Park;" seconded by
Commissioner Pa lg iaro.
ROLL CALL:
Commissioner Sorrelli - Yes
Commissioner Pagliaro - Yes
Commissioner Trinley - Yes
Mayor Newill - Yes
• Motion carried with a 4-0 vote.
Town Commission Regular Minutes
June 1, 2010 Page 6 of 9
• Mayor Newill -One last question for the public's information. What did this cost in legal fees?
Would like to point out to the residents that unlike the County, we do not have 17 lawyers on staff
and have to pay for outside legal fees. Town Mana eg r Sug_erman -Have paid bills through the
month of April. We have had two different attorneys working on this agreement and dispute.
(Manager Sugerman - Distributed an "Analysis of Expenses" in relationship to attorney fees
invoiced regarding the Milani Park lawsuits.) Total legal invoices were $58,529.00. The Town
paid the deductible of $5,000.00. The cost of professional experts was approximately $120,000.00,
which the Town was reimbursed by the County.
Mayor Newill -Also note that these figures do not include Staff's time. This is a number that I
will be taking to the polls with me come November.
B) Authorizing the Mayor to Sign an Engagement Letter with Nowlen, Holt & Miner, P.A.
to conduct the Town's Annual Audits for the Fiscal Years Ending September 30, 2010
and September 30, 2011.
Town Mana eg r Su eg rman -Nowlen, Holt & Miner, P.A. currently serve as the Town's external
auditors. They were selected using a competitive request for qualifications (RFQ) wherein they
competed against 5 other firms. They were selected as the first choice by the selection committee
as well as the Town Commission. Their original engagement was for athree-year term of service,
with two one-year renewals available to the Town should we choose to continue with their
renewals. The cost for the two one-year renewals was part of the original price proposal from
• Nowlen, Holt & Miner. Staff is recommending that the Commission approve the two one-year
renewals by authorizing the Mayor to sign the Letter of Engagement. A memo from Cale Curtis,
Deputy Finance Director recommending the extension was included with your materials. Both
Cale Curtis and Heidi Snyder are in attendance to answer any questions.
MOTION: Commissioner Pa liaro moved to authorize the Mayor to sign the Letter of
Engagement with Nowlen, Holt & Miner, P.A.; seconded by Commissioner Sorrelli.
ROLL CALL:
Commissioner Pagliaro - Yes
Commissioner Sorrelli - Yes
Commissioner Trinley - Yes
Mayor Newill - Yes
Motion passed with a 4-0 vote.
C) Ratifying a Collective Bargaining Agreement with the Highland Beach Fraternal Order
of Police.
Town Mana er Su erman - On Thursday, May 6a', members of the Highland Beach Police
Officer's union (Fraternal Order of Police) ratified the proposed Collective Bargaining Agreement
between the Town and the Union. The only formal procedure for having the Commission ratify
• the agreement is a simple, motion, second, discussion and a vote. The final terms and conditions
Town Commission Regular Minutes
June 1, 2010 Page 7 of 9
of the agreement were discussed with the members of the Commission in a "closed door" session
• on Apri127`t'. I have the original document in my possession if any member of the Commission
has a question as to the terms and conditions of the Agreement. Everyone knows that these are
very tough economic times, and that past policies and practices with our employees are not likely
to continue going forward. This is a different day and age. Despite that, I would recommend that
the Commission ratify the Collective Bargaining Agreement between the Town of Highland
Beach, Florida and the Florida State Lodge, Fraternal Order of Police, Inc., for atwo-year term
running from October 1, 2009 through September 30, 2011.
Mayor Newill -Asked for questions from the Commission.
MOTION: Commissioner Pa liaro moved to ratify the Collective Bargaining Agreement between
the Town of Highland Beach, Florida and the Florida State Lodge, Fraternal Order of Police, Inc.,
for atwo-year term running from October 1, 2009 through September 30, 2011; seconded by
Commissioner Trinlev.
ROLL CALL:
Commissioner Pagliaro - Yes
Commissioner Trinley - Yes
Commissioner Sorrelli - Yes
Mayor Newill - Yes
Motion passed with a 4-0 vote.
• 7) MISCELLANEOUS -ITEMS LEFT OVER
• None
8. REPORTS -TOWN COMMISSION
Commissioner Pa liaro - No Report.
Commissioner Sorrelli -No Report.
Commissioner Trinlev - No Report.
Vice Mavor Zwick -Absent.
Mayor Newill - No Report.
9. REPORTS -TOWN ATTORNEY
No Report.
Town Commission Regular Minutes
June 1, 2010 Page 8 of 9
10. REPORTS -TOWN MANAGER
• No Report.
11. CONSENT AGENDA
Manor Newill asked if any item needed to be removed from the Consent Agenda.
MOTION: Commissioner Trinley moved to approve the Consent Agenda as presented; seconded
by Commissioner Sorrelli.
Voice vote with all in favor.
Consent Agenda Items:
A) Appointment of Stacy McPherson to the Beaches & Shores Advisory Board for athree-year
term (6/10 - 5/13).
B) Appointment of Americo (Rick) Varone to the Board of Adjustment & Appeals for athree-
year term (6/10 - 5/13).
C) Awarding a Contract to Kilbourne & Sons Asphalt for the Installation of Header Curbs on
the Town's Side Streets which intersect with SRAlA.
• D) Approving the Use of Approximately $25,000.00 from General Fund Reserve for
Contingency Account #001-590.000-5090-599.000 to Cover the Cost of the Installation of
Header Curbs on the Town's Side Streets which intersect with SRAlA.
E) Approving the Use of Approximately $7,800.00 from the General Fund Reserve for
Contingency Account #001-590.000-5090-599.000 to Cover the Cost of the Repair to the
Sidewalk on the South Side of the Town Hall Complex.
F) Minutes
April 26, 2010 -Workshop Meeting
May 4, 2010 -Regular Meeting
12. PUBLIC COMMENTS AND REOUEST5 RELATED TO ITEMS DISCUSSED AT
MEETING
Joe Yucht -Boca Highlands
Why wasn't the Milani Park discussion posted on the agenda for this meeting? Do not know what
you people expect from the residents and owners. Do I have to petition you whenever I have a
question? Why don't you give us the information that we are entitled to? Your legal battles and
•
Town Commission Regular Minutes
June 1, 2010 Page 9 of 9
fees have just started. About six months ago I told you the Milani issue was dead. You would not
listen. All those legal fees were not necessary. We are suppose to be one team working together.
Attorney Sliney -Let the record reflect that Milani Park was item #6A on the agenda.
•
Town Mana e~ eg rman -The agenda Mr. Yucht printed off the website is dated 612/2009; not
the agenda from today's meeting.
Joe Asselta -Casuarina Condo
Want to thank the Commission, Town Attorney and Town Manager for the great job in resolving
the issue of Milani Park. Want you to know I appreciate your work.
13. ADJOURNMENT
There being no further business to come before the Commission, Mayor Newill adjourned the
Regular Meeting at 2:15 PM upon a MOTION by Commissioner Sorrelli; seconded by Vice
Mayor Zwick.
APPROVED: ~ ~
Jd
Jim Ne ill, CPA, ayor
Miriam S. Zwick, Vc-Mayor
Doris M. Trinley, Commissioner
John J. Sorre li, Cop~nissioner ,~ ~
TTEST:
Beverly M. Br wn, MMC
•