2007.02.27_TC_Minutes_Workshopt•
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP
Tuesday, February 27. 2007 1.30 P M
Mayor Harold R. Hagelmann called the Workshop to order in Commission Chambers at
1:30 P.M.
CALL TO ORDER:
Roll Call: Members present: Mayor Harold R. Hagelmann; Vice Mayor Joseph J.
Asselta; Commissioner Rachael Scala-Pistone; Commissioner Miriam S. Zwick;
Commissioner Jim Newill, CPA. Also present: Town Attorney Thomas E. Sliney; Town
Manager Dale S. Sugerman; Town Clerk Beverly M. Brown and Deputy Town Clerk
Jane Dillon.
• Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of
silence in honor for those living and deceased members of the military services.
1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
With no objection, Mayor Hagelmann amended the Agenda under New Business
to include discussion of the Police Chief's Appointment.
2. PUBLIC COMMENTS AND REQUESTS
Mayor Hagelmann requested that Public Comments regarding Milani Park be held
until County Commissioner Mary McCarty and staff make their presentation.
Joe Yucht -Boca Highlands -stated on behalf of all the Boards he wanted to thank
the Commission for the Boazds' Appreciation luncheon held last week. He is
attending the Boca Advisory Airport Expansion Committee that evening if anyone
had comrr~ents to share regarding expansion. Also recommends that the Town
Finance Advi"sory Board be asked to participate in the discussions regarding
Revenue or lost thereof with our Legislative delegation.
Barry Axelrod - 2908 S. Ocean Blvd -New water bill was 2 'h times more than
Town Commission Workshop Minutes
Februarv 27, 2007 Page 2 of 7
previous bills. Feels bill is out of whack. No way can significantly reduce water
consumption and keep landscaping looking beautiful.
Anita Pearlman - 2352 S. Ocean Blvd. -Seconds Mr. Axelrod's comments. When
the water plant was voted on in 1999, it was contingent upon the Town selling some
property. Why has the Town not sold it?
3. PRESENTATIONS
A) Presentation from Florida Association of City Clerks to Doris Trinley
On behalf of the Florida Association of City Clerks, Mayor Hagelmann
presented a Resolution recognizing the retirement of Doris Trinley after
eighteen yeass of service to the residents of Highland Beach and thanking her
for her contributions to the Florida City Clerks Association.
B) District 4 County Commissioner Mary McCarty -Update and status report on
Planned Milani Park Project
Commissioner McCarty introduced staff members Audrey Wolf, Director of
Facilities Development and Operations and Dennis Eshleman, Director of Parks
and Recreation who will be part of the presentation. Comm. McCarty -Stated
through a bond issue, the Milani property was purchased 19 years ago to be
used not only for the residents of Highland Beach, but as a county pazk. The
county has developed plans that are sensitive to the neighbors and town
officials concerns.
Director Audrey Wolf: In 1987 Palm Beach County acquired the 5.9 acre
property which is located on both sides of A-lA for the sole purpose of creating
a county pazk. This parcel is the only undeveloped park property that the county
owns. The plans for this pazk aze consistent with the Town's Comprehensive
Plan. Plans were submitted in 2001 indicating that the property on the east side
of AlA would be a life guazd protected beach, with a 140 parking lot on the
west side. The Town found issues with the number of parking spaces, so it was
reduced to 100. Any further reduction in parking would not be feasible. The
Town voiced concerns about safety and requested a pedestrian tunnel. In
reviewing this request, it was found not to be practical. The County is willing
to install a traffic light. The Town recently requested perimeter landscaping and
some site improvements. The County will not agree to any landscaping or
improvements until the plans are approved. It will take 16/18 months to
complete all the necessary plans, and by that time the appeal process will be
completed.
Public Comments
John Yucht -Boca Hi -Original contract did not require a beach pazk to be
constructed, there is only 8/10 feet of sand. Do not see Yamato Rock on the
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February 27.2007 Page 3 of 7
renderings. This property is of historic value. Who is going to protect the turtle
• nests? Do not oppose a park, only the type.
Comm. McCarty -The County is sensitive to the historic value. Park will be
attractive to snorklers. Kiosks will be built on site indicating the historic value.
The County has a contractual obligation to the voters, as it was part of a bond
referendum. The Town of Highland Beach was against the purchase and
actively campaigned against it.
Nancy Klum -Dolphin Place -Proposal is very beautiful. Location is unsafe
for children, sunbathers and swimmers. The only value would possibly be for
snorklers. Recommend something else besides a beach park be put there.
Dianne Kalvin -Boca Highlands -Commissioner McCarty has been a good
friend. Milani Park has always been a thorn in our side. Has the potential to be
a hang out for people in the evening. The parking lot area (west side of AlA) is
an eye sore and a breeding place for rodents. County promised to plant trees on
property to make it secure and attractive.
Comm. McCarty -The County is ready, willing and able to landscape as soon
as the Town approves the plan. Mrs. Milani is suing the County because we
have allowed Boca Highlands to use some of the property for their driveway.
Seventeen years is enough. At some point, the park will be constructed.
Bob Kave -Need to get back to ground zero. Mrs. Milani has the right of first
refusal if it is not made into a park. Need to be co-operative on both sides.
Barbara Stone - Evanton Baye -What happened to the wall on the west side
of AlA? Hurricane Wilma washed the beach away. You cannot have a beach
park with no beach. Kids are surfing there today.
Rick Stetman -Seventeen years ago, there was a beach at this site. Over the
past 17 years, the hurricanes have altered the beach. Why would you develop a
beach at $4.5 million if it is not going to be used.
Madeline Husano -Dalton Place - Against a park on this site.
Vice Mayor Asselta -Has an environmental impact study been done on this
site? Can the bridge accommodate another 100 cars and emergency vehicles?
Has a beach survey been completed -what is public and what is private?
Director Wolf - Neither an impact study nor a traffic study is necessary.
Traditionally, from the high water mark down is designated as state land.
Comm. Zwick -Presuming things go ahead. The small area at the north side of
• the parking lot was declared a wetland. If you can't clear it and drain it, what
Town Commission Workshop Minutes
February 27, 2007 Page 4 of 7
will you do? Response -Will only do what the law will allow us. Area will be
• restored to its natural habitat.
Mayor Hagelmann -Why can't you clean it up? The filth and scum is
deplorable.
Comm. McCarty -The County will not do anything until the design is
approved.
Judy Asselta - A traffic study is not for cars, but trip generation. One hundred
cars in an already congested area is a lot. This park should not be considered..
Anita Termoli -Boca Highlands -How about the impact on people's health?
Many people in Boca Highlands are already experiencing cancer due to
benzene.
Comm. McCarty Everyone would like to see the project moving. Parking is
the problem. Have your hearings and let us know how many spaces you want
sa that we can get to the next level.
Shirley Kaye - Evanton Baye -This is not a beach park. Need to reconsider
life guards and the number of parking spaces.
. Joe Yucht -Boca Highlands has also been involved with the lawsuit, and have
spent a large amount of money. How many people have snorkeled in this area?
With this parking lot, there will be 3 driveways within 200 feet.
Mayor Ha~elmann -Thanked Comm. McCarty and County staff for attending.
Vice Mayor Asselta -Due to a medical appointment, I will be leaving at 3:15;
requested that the 4~' of July Celebration agenda item be moved to the next
workshop agenda.
RECESS: A five minute recess was taken at 3:15 P.M.
Vice Mayor Asselta left the meeting at this time.
Ma, o, o„ r~Ha_gelmann called the meeting back to order at 3:25 P.M.
Atty. Sline~ -History of Project -This project started prior to the Town
having a Planning Board. Mrs. Milani filed a lawsuit in 2002 due to the fact
the Town allowed an easement to Boca I~ighlands and the original agreement
of purchase had a stipulation that if the Town relinquished ownership, she
would 'nave the right of first refusal. The Town responded by suspending the
site plan reviews until the legal issues are resolved. Once the litigation is
completed, the County will have to resubmit their application first to the
• Planning Board and then to the Town Commission. Town Mana eg r Su erman -
Town Commission Workshop Minutes
February 27. 2007 Pa e 5 of 7
The Commission instructed me to request the county to have perimeter
• landscaping installed on this property or to give the Town permission to do so.
The County will not give permission until they are able to resubmit their
application for the park. Comm. Zwick -The Boca Highlands residents are
looking at a open field and 2 x 2 wetlands area that becomes a pond when it
rains. We will have to follow procedure and they will have to look at this
unsightly mess a little longer. Comm. Newill -Disappointed in Commissioner
McCarty's attitude. Mayor Hagelmann -Will have to wait until the appeal is
over.
4. BOARDS AND COMMITTEES
A) Board Correspondence -None
B) Board Vacancies -One on Financial Advisory Board; One on Cultural Board;
One on Planning Board; and Five on Beaches & Shores
Vacancies to be included on March 6, 2007 Consent Agenda
Atty. Sliney -Need appointment to Planning Board as we are having difficulty
reaching a quorum.
C) Board Action Report -None
• D) Monthly Board Meetings -None
5. PROPOSED ORDINANCES AND RESOLUTIONS
None
6. NEW BUSINESS
A) Police Chiefs' Appointment:
Mayor Hagelmann -Questioned delay. Town Manager Sugerman -The
requirements previously set by the Commission requires both a FBI and FDLE
background and fingerprint check. Wrote the letter on 1/18/07 and was notified
today that we would have the results in two weeks. Mayor Hagelmanri -
Contacted FDLE and they stated since he was already an officer in the Town that
it was not necessary, and this is the first time it has been done this way.
Manager Sugerman -Cannot address what previously occurred. I followed the
policy set by the Commission. Comm. Zwick left at this time due to a medical
appointment. (3:34 P.M.). Mayor Hagelmann -Would like it put on the Consent
Agenda far. next meeting so that we can swear him in at that time. Comm.
Newill ~ No. We have a Town Manager. The Commission is suppose to be
going him direction and guidance. Atty. Sliney -Make it an agenda item
to see if you want to waive the requirement.
U
Town Commission Workshop Minutes
February 27.2007 Page 6 of 7
B) Declaring certain equipment in the Police Department as surplus property:
• Town Manager. Sugerman -The Acting Chief has found some equipment
stored in the back storage room that has no value. The Commission has to
declare it surplus in order for us to get rid of it. Commissioner Newill
questioned whether there is any confidential information stored on the
computers. Commissioner Scala-Pistone questioned if the equipment was still
needed. Reply -All information would be removed from the computers
before disposal and all the equipment has been upgraded.
C) 4~' of July Celebration
Assistant Mayor Asselta has requested that this be carried over until the next
Workshop.
7) MISCELLANEOUS -ITEMS LEFT OVER
A) Minutes for Approval at March 6'~ Regular Meeting
January 11, 2007 -Special Meeting -Move to Consent Agenda
8) REPORTS -TOWN COMMISSION
Commissioner Newill, CPA - A recent article in the Palm Beach Post stated with
the elimination of property taxes, the Town will see a 35.9% decrease in funds.
If you have any influence with our Legislators, please speak to them.
• Commissioner Scala-Pistone -Recently attended a meeting with Adam Hasner
who advised that this proposal was in the infancy stage.
Mayor Ha elg mane -The fire department has a gym filled with our equipment,
and has recently asked if we would consider purchasing a used commercial
grade tread mill. Have inquired about cost and we can purchase one for $2,000.00.
Commissioner Newill - At last meeting stated he would support only budgeted items.
Will not support any purchase not in the budget.
Commissioner Scala-Pistone -Agree with Comm. Newill. A lot of residents have
complaining about spending. Will have to include it in next years' budget.
Commissioner. Newill -Thought the Police Department was going to get their own
gYm•
Mana eg r Su eg rman - No provision or plan for a police dept. gym. The current
Bargaining Agreement has a provision that the Town will reimburse any
officer for their annual membership in a private gym.
9. REPORTS - TOVdN ATTORNEY
None
Town Commission Workshop Minutes
February 27 2007 Page 7 of 7
10. REPORTS - TOWN MANAGER
Mana eg r Su erman -Last week we had some problems with the well drilling that
caused some night work. The problems are now over. The external casing is at
950 feet, exactly where it should be, the pounding and banging is completed.
The project will be finished by the middle of April_
11. CONSENT AGENDA
None
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS
DISCUSSED AT MEETING
None
13. ADJOURNMENT
There being no further business to come before the Commission. Mayor
Hagelmann adjourned the Workshop at 4:10 P.M. upon a MOTION by
Commissioner Newill seconded by Commissioner Scala-Pistone.
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APPROVE:
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Jo~ph J. Asselt '-'Vice Ma
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hael Scala- istone, Commissio er „