2005.08.02_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, August 2. 2005 2'00 P M
Mayor Harold R. Hagelmann called the Regular Meeting to order at 2:00 P.M. in
Commission Chambers.
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 ca11, the Pledge of Allegiance was given, followed by a minute of silence in
honor of the nation's service men and women.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
• Hearing no objection, Mayor Hagelmann amended the agenda to accommodate the
auditor's presentation before Public Comments.
3. PRESENTATIONS
NOWLEN, HOLT & MINER, P.A.: REPORT ON THE ANALYSIS OF COSTS FOR
THE REVERSE OSMOSIS WATER TREATMENT PLANT.
Partner Ed Holt and Senior Manager Ron Bennett were present, with Mr. Holt giving the
Presentation. As the audit report itself was voluminous, Mr. Holt spoke to its highlights,
saying the cost of the R.O. plant was over $8 million from the very start of the project;
however, the Town did get the product it paid for at a cost of $11+ million. The
discrepancy between the $8 million bond issue and the ultimate total cost was caused
by lack of oversight and communication on the part of the previous Town Manager, who
did not keep the Commission informed of increased costs on a regular basis; cr seek
their approval of change orders as they emerged.
During discussion, Commissioner Newill stated for the record that the Fi~anciai Advisory
Board, who some thought should have been able to review overages and make
recommendations to the Commission, was never charged with reviewing any of the c~t~sts
relating to the plant. Commissioner Zwick questioned if the sale of the existing Bcca
property could be used to pay off the R.O. plant; Mr. Holt replied affirmatively, saying the
funds could be used over 20 years to reduce debt service. Vice Mayor Asselta
Minutes of Town Commission Regular Meeting
August 2. 2005 Page 2 of 10
3. PRESENTATIONS (Continued)
NOWLEN, HOLT & MINER, P.A.: REPORT ON THE ANALYSIS OF COSTS FOR
THE REVERSE OSMOSIS WATER TREATMENT PLANT.
asked if the auditors could come up with a plan of checks and balances so this would
never happen again; Mr. Holt replied he would need time to figure the hours needed and
then submit a proposal. Commissioner Scala-Pistone thanked Mr. Holt for a fine report,
which was echoed by the members.
NOTE: A COPY OF THE COMPLETE AUDIT IS LOCATED IN THE LIBRARY FOR
PUBLIC REVIEW.
2. PUBLIC COMMENTS AND REQUESTS
NONE.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: FINANCIAL ADVISORY BOARD
RECOMMENDATIONS RE 2005/2006 FISCAL YEAR BUDGET, AND
INSURANCE PROGRAM. (copies attached to and made part of these
• Minutes.
Regarding that part of the FAB memo that requested Town Attorney Sliney's opinion, in
writing, regarding the expenditure of approximately $650,000, in FY 2005/2006,
to buy in to the Florida Retirement System, Commissioner Scala-Pistone asked Town
Attorney Sliney to repeat his opinion for the record; she also asked when he would put
that opinion in writing and requested no action be taken on the Resolutions pertaining
to the FRS until the Commission receives his opinion in writing.
Mr. Sliney replied that it is his legal opinion the $650,000 does not apply to the $350,000
spending limitation as declared in the Town's Charter; he also said he would put such
opinion in writing as soon as possible.
Regarding the FAB insurance recommendation, Vice Mayor Asselta suggested that since
Florida is not a sovereign immunity state, the insurance should carry, at least, a $10
million umbrella.
B) BOARD VACANCIES: ONE (1) ON BEACHES & SHORES ADVISORY;
ONE (1) ON CULTURAL SOCIETY ADVISORY; TWO (2) ON CODE
ENFORCEMENT.
Upon Motion by Commissioner Scala-Pistone/Commissioner Zwick, BEVERLY BARR
was appointed to a 3-year term on the Beaches & Shores Advisory Board.
Minutes of Town Commission Regular Meeting
August 2. 2005 Page 3 of 10
3. BOARDS AND COMMITTEES (continued)
Upon Motion by Commissioner Scala-Pistone/Commissioner Zwick, LOUIS
RIEDENBERG was appointed to a 3-year term on the Code Enforcement Board.
Upon Motion by Commissioner Scala-Pistone/Commissioner Newill, EUGENE
DILIBERTO was appointed to a 3-year term on the Code Enforcement Board.
C) BOARD ACTION REPORT: Received as Information.
D) MONTHLY BOARD MEETINGS: Read into the record by the Mayor.
Planning Board - 8/12/05 -Regular - 9:30 A.M.
Board of Adjustment - 8/8/05 -Quarterly - 9:30 A.M.;
followed by two (2) Public Hearings.
Code Enforcement Board -None Scheduled.
Financial Advisory Board -None Scheduled.
Beaches & Shores Advisory - 8/9/05 -Regular - 9:30 A.M.
Before proceeding with the Agenda, Mayor Hagelmann paused to present a
Proclamation to Public Works Director Jack Lee, honoring water plant operators the
week of August 14-19. Jack mentioned each of his staff by name and responsibility, and
• thanked the Mayor and Commission for the thoughtful gesture.
Also at this time, the Mayor announced that PBC Commissioner Mary McCarty had
appointed Commissioner Scala-Pistone to the PBC Southern District Advisory Board,
which is comprised of representatives from Highland Beach and Boca.
5. PROPOSED ORDINANCES AND RESOLUTIONS
1) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, AMENDING SECTION 2-29 THROUGH 2-35 IN
ORDER TO PROVIDE AN UPDATED ORDINANCE REGARDING THE
DECLARATION OF A STATE OF EMERGENCY. (first reading)
Town Manager Sugerman explained that this proposed ordinance was far more
comprehensive in scope than the ordinance presently codified; he asked the members
to review it and comment at the next meeting.
Commissioner Scala-Pistone again referred to the funding limitation in the Charter and
made the following Motion, with Commissioner Newill as a second, except for the
"etcetera, etcetera" part, which he said he could not identify:
I would like to make a Motion that states that we do not approve any of the
resolutions referring to the new benefit plan, our origina{ 401 -etcetera, etcetera -
and permit our Mayor from signing additional information that would come before
him regarding the Florida plan that we are discussing and that we would be
approving. And I state that in addition, I feel the people of Highland Beach should
Minutes of Town Commission Regular Meeting
August 2, 2005 Page 4 of 10
• 5. PROPOSED ORDINANCES AND RESOLUTIONS
be considered. They are residents and taxpayers and the intent was clear at that
time when there was that time in 2001 when they did vote very strongly against
the fact that they don't want any funding of any project to be created without
them, the residents and citizens of the Town, voting for or against.
Roll call vote was as follows:
Commissioner Newill -Yes
Commissioner Zwick - No
Commissioner Scala-Pistone -Yes
Vice Mayor Asselta - No
Mayor Hagelmann - No
2) A RESOLUTION RELATING TO MEMBERSHIP INTO THE FLORIDA
RETIREMENT SYSTEM FOR THE POLICE OFFICERS OF THE TOWN OF
HIGHLAND BEACH, FLORIDA.
Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, this Resolution
was approved by majority roll call vote as follows:
• Commissioner Newill -Yes
Commissioner Zwick -Yes
Commissioner Scala-Pistone - No
Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
3) A RESOLUTION RELATING TO MEMBERSHIP INTO THE FLORIDA
RETIREMENT SYSTEM FOR THE GENERAL EMPLOYEES OF THE TOWN OF
HIGHLAND BEACH, FLORIDA.
Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, this Resolution
was approved by majority roll call vote as follows:
Commissioner Newill -Yes
Commissioner Zwick -Yes
Commissioner Scala-Pistone - No
Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
4) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH TO AMEND THE
PARTICIPATION IN THE TOWN OF HIGHLAND BEACH ICMA RETIREMENT
CORPORATION MONEY PURCHASE PLAN; REPEAL{NG ALL RESOLUTIONS
IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Town Commission Regular Meeting
August 2, 2005 Page 5 of 10
Upon MOTION by COMMISSIONER ZWICKNICE MAYOR ASSELTA, this Resolution
was approved by majority roll call vote as follows:
Commissioner Newill -Yes
Commissioner Zwick -Yes
Commissioner Scala-Pistone - No
Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
5) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH WITH REGARD TO JOINING THE FLORIDA
RETIREMENT SYSTEM, AND AUTHORIZING THE MAYOR AND THE
FINANCE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY TO
EFFECTUATE JOINING SAME.
Upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK, this Resolution
was approved by majority roll call vote as follows:
Commissioner Newill -Yes
Commissioner Zwick -Yes
Commissioner Scala-Pistone- No
• Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
6) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, ESTABLISHING A POLICY PERTAINING TO
TRAVEL AND TRAINING EXPENSES FOR THE TOWN COMMISSION AND THE
TOWN MANAGER.
Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER NEWILL, this Resolution
was approved by unanimous roll call vote.
7) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
ADOPTING A PROPOSED MUNICIPAL MILEAGE RATE OF 3.5921 FOR
GENERAL OPERATING PURPOSES FOR FISCAL YEAR 2005/2006, STATING
A ROLL-BACK RATE OF 3.1405, AND SETTING FORTH THE DATE, TIME AND
PLACE OF THE FIRST PUBLIC HEARING; PROVIDING FOR SEVERABILITY,
CONFLICTS AND AN EFFECTIVE DATE.
Town Manager Sugerman explained the Town will no longer use Levy and Appropriation
ordinances to effect fiscal year millage and budget; rather, this Resolution, which will be
followed by two (2) others -setting final millage and adopting the 2005!2206 FY budget -
will prove to be more clearly understood, as well as effective. The Public Hearing was
set for September 13, 2005 at 5:01 P.M. and upon MOTION by COMMISSIONER
ZWICK/VICE MAYOR ASSELTA, the Resolution was unanimously approved.
Minutes of Town Commission Regular Meeting
August 2, 2005 Page 6 of 10
• 6. NEW BUSINESS
1) RENEWAL OF INTERLOCAL AGREEMENT FOR MUNICIPAL
RECYCLING.
There was little discussion regarding this agreement, as the Town currently has an
interlocal with the Solid Waste Authority which expires September 30, 2005. Upon
MOTION by COMMISSIONER ZWICK/COMMISSIONER NEWILL, it was unanimously
approved.
2) ESTABLISHING THE NATIONAL INCIDENT MANAGEMENT STANDARD
(NIMS) AS THE TOWN'S STANDARD FOR EMERGENCIES.
The purpose of this Resolution was explained in the Town Manager's July 28
memorandum (attached to and made part of these Minutes). It was unanimously
approved upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER ZWICK.
7. MISCELLANEOUS -ITEMS LEFT OVER
1) BUTLER CONSTRUCTION PROPOSED CHANGE ORDER #021 (NEW
LIBRARY)
• After some discussion, it was agreed to pay all of the proposed change order except the
$7500 supervision charge and related cell phone and truck allowance. The following
MOTIONS were made and unanimously approved:
COMMISSIONER ZWICKNICE MAYOR ASSELTA: The Town needs justification of the
$7500 supervision fee, plus cell phone and truck allowance.
VICE MAYOR ASSELTA/COMMISSIONER NEWILL: To allow approval of those items
that do not deal with supervision and to approve the 45 day delay.
Mayor Hagelmann then stated that he wished to consider the issue of Butler's proposed
change order #15, which was addressed at the July 5 Regular Meeting and at which time
the Commission voted 3-2 to give Butler only half of the $32,190 requested. The Mayor
said that after further review, he regretted his decision to pay only half. The following
MOTION by MAYOR HAGELMANNNICE MAYOR ASSELTA was made as follows:
That the Commission reconsider the Motion made at the July 5, 2005 Regular
Meeting regarding full payment to Butler.
Roll call vote was as follows:
Commissioner Newill - No
• Commissioner Zwick -Yes
Commissioner Scala-Pistone - No
Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
Minutes of Town Commissioner Regular Meeting
August 2. 2005 Page 7 of 10
7. MISCELLANEOUS -ITEMS LEFT OVER (continued)
MOTION by MAYOR HAGELMANN/VICE MAYOR ASSELTA was then made as follows:
That the Commission consider full payment to Butler for Proposed Change Order
#015 for increased roofing materials cost.
Roll Call vote was as follows:
Commissioner Newill - No
Commissioner Zwick -Yes
Commissioner Scala-Pistone - No
Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
2) MINUTES FOR APPROVAL:
Upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER NEWILL, the
following sets of Minutes were unanimously approved:
JUNE 28, 2005 WORKSHOP
JULY 5, 2005 REGULAR MEETING
• 8. REPORTS -TOWN COMMISSION
Commissioner Jim Newill, CPA, referring to the Commission's fiscal responsibility,
suggested a budget workshop to determine the rationale of many line items. The
Commissioner added that he would seek answers himself if such a workshop was not
scheduled.
Commissioner Miriam S. Zwick stated that although her involvement with the new
library had to do with interior design only, she had concerns that there was no exit door
on the north side or from the children's room, which she hoped could be rectified.
Commissioner Rachael Scala-Pistone addressed Commissioner Zwick regarding the
last Charter Review Board and the funding limitation contained therein, saying that the
language regarding same had been changed. The Commissioner then read into the
record, from original notes, Section 2.01(30) as it is currently codified. Commissioner
Scala-Pistone added that her concern was not about the merits of the Charter language,
rather it was the procedural attempt to give the Commission the ability not to possibly
violate the laws of the Town.
Commissioner Scala-Pistone further stated that a letter of thanks should be sent to PBC
Commissioner Mary McCarty in appreciation of her earmarking $72,000 for pedestrian
crossings in the Town. Mayor Hagelmann replied that the $72,000 would not be given
in one lump sum; each condominium must apply to have a crossing installed and, if
approved by the State, will get an appropriation of the $72,000 for the costs incurred.
The Mayor assured athank-you letter would be sent.
Minutes of Town Commission Meeting
August 2. 2015 Page 8 of 10
8. REPORTS -TOWN COMMISSION (continued)
Vice Mayor Joseph J. Asselta referred to the multi-million dollar R.O. plant not having
a generator, saying this requirement should never have been removed from the original
plans. The Vice Mayor noted it would behoove the Town to purchase a generator for
the plant as soon as possible.
Town Manager Sugerman advised that one of the tasks of the Evaluation Project for the
Expansion of the R.O. plant will be to properly size the generator needed; he noted the
expansion project is on today's Consent Agenda.
Some discussion ensued, with Commissioner Newill questioning if the generator
purchase would have to go to referendum, or if the Commission could evoke a "state of
emergency". It was agreed that this decision could be postponed until the expansion
project determined the needed size of the generator, followed by receipt of quotations
from vendors.
Mayor Harold R. Hagelmann had no report, but commented on the reports of his fellow
members and thanked them for their comments.
. 9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
10. REPORTS -TOWN MANAGER
Town Manager Dale S. Sugerman had no report.
11. CONSENT AGENDA
1) RETROACTIVE APPROVAL OF A UTILITY DEPARTMENT EXPENSE IN
DECOMMISSIONING RAW WATER WELLS.
2) EVALUATION CONTRACT FOR EXPANSION OF REVERSE OSMOSIS
WATER TREATMENT PLANT.
3) PROFESSIONAL SERVICES ENGAGEMENT FOR COLLECTIVE
BARGAINING WITH FRATERNAL ORDER OF POLICE.
4) SPRINKLER SYSTEM(S) ADDED TO NEW LIBRARY CONSTRUCTION.
5) APPROVAL OF ADMINISTRATIVE LEAVE FOR THE TOWN MANAGER,
OCTOBER 28-NOVEMBER 9, 2005 RE: HIS PARTICIPATION IN THE
LOCAL GOVERNMENT EXCHANGE AND COOPERATION SEMINAR,
HOSTED BY THE COUNCIL OF LOCAL AUTHORITIES FOR
. Minutes of Town Commission Regular Meeting
August 2. 2005 Page 9 of 10
11. CONSENT AGENDA (continued)
INTERNATIONAL RELATIONS (GLAIR), IN TOKYO, JAPAN, AND PAYING
FOR THE MANAGER'S COST OF TRANSPORTATION TO AND FROM
THE SEMINAR.
6) APPROVAL OF NOMINATION OF TOWN MANAGER DALE S.
SUGERMAN AS "MANAGER OF THE YEAR" RE FLORIDA LEAGUE OF
CITIES "FLORIDA CITIES OF EXCELLENCE AWARD."
The preceding items were approved upon MOTION by COMMISSIONER
NEWILL/COMMISSIONER SCALA-PISTONE. However, led by Commissioner Zwick,
the approval of a sprinkler system for the library took place. The Commissioner
recognized that cost was initially a factor, but she said the argument still persists that
with the Fire Department so close and the fact that it is a one-story building would
negate the need for the sprinkler system. Referring to the cost, Town Manager
Sugerman presented a quotation from Butler Construction in the amount of $133,000 and
a 60-day delay from receipt of permit.
• Mayor Hagelmann replied that there was no question in his mind that a building of such
capacity (12,000 sq.ft.) should have a sprinkler system; on a personal note, he added
that as a firefighter in New York City, a sprinkler system had saved his life. The Mayor
further stated that he did not want this building to go forward during his tenure without
a sprinkler system.
Since a Motion to approve the Consent Agenda had been made and seconded, the
Mayor called for aroll-call vote, resulting as follows:
Commissioner Newill - No
Commissioner Zwick -Yes
Commissioner Scala-Pistone -Yes
Vice Mayor Asselta -Yes
Mayor Hagelmann -Yes
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Alan Teller, Bel Lido, asked why the generator was removed from plans for the R. O.
plan if it was approved by the referendum. Vice Mayor Asselta advised that the approval
of the referendum determined only that the residents wanted a new R.O. plant; nothing
specific was spelled out and no contract had been signed. The Vice Mayor also noted
that it was approximately nine (9) months after the referendum was approved that a
contract was signed.
Minutes of Town Commission Regular Meeting
August 2, 2005 Page 10 of 10
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor
Hagelmann adjourned the Regular Meeting at 4:40 P.M. upon MOTION by
COMMISSIONER SCALA-PISTONE/COMMISSIONER NEWILL.
dmt
•
Miriam S. Zwicl~ Cor~fissioner
Jim Newill, ~'PA, Commissioner
Attest:
~~ ~ ~l- ~s
a
Rachael Scala-Pistone, Commissioner