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2007.03.06_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, March 6, 2007 1.30 P M Mayor Harold R. Hagelmann called the Regular Meeting 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 Mayor Hagelmann requested that Item #C (purchase of reconditioned treadmill) under New Business be deleted from the Agenda. 2. PUBLIC COMMENTS AND REQUESTS Dennis Sheridan -Monterey House -During the February 27, 2007 meeting a discussion was held regarding the requirements for the new Police Chief. The Manager was criticized for following the procedures set by the Commission. The public reprimand was out of order. While performing my duties as President of the Board, Mr. Sugerman has always responded promptly and in a professional manner. Dr. Seymour Strauss -Boca Highlands -The March 30~' concert by the Lyric Chamber Orchestra will be the last one held in Highland Beach. I cannot let the musicians subsidize concerts in Highland Beach. Contacted Commissioner Zwick to try to change her mind, but was advised that the taxpayers would not be subsidizing the concerts. .Makes no sense. Have collected signatures of people in favor of the Town Commission Minutes March 6. 2007 _ Pie 2 of 11 Town subsidizing the concerts in front of the Library and will do the same thing at the • next election. Commissioner Newill -Inquired from the Town Attorney -What is the definition of a SOlC3? Reply -Non-profit or a charity. Dianne Kalvin -Boca Highlands -Pray the Commission disregards County Commissioner McCarty's ill conceived agenda to construct Milani Pazk. During the last meeting, a lot of half truths were spoken. Request the Town Commission and Town Manager do nothing until all the law suits are settled. Then have the County resubmit the plans and require numerous studies from them. Milani parking lot is an eyesore. This is Florida. In time, all the vegetation will grow back to its natural state. Joe Yucht -Boca Highlands -Both Commissioner McCartys' and the Town Commissions' opinions clash on the construction of Milani Pazk. Each one is valid, and neither wants to give in. Abetter solution, is for the Commission to appoint a seven member Ad-Hoc Committee (non commissioner) to work on a compromise with the County. The Ad-Hoc Committee to be comprised of three members from Boca Highlands and four from within the Town. No reports to be released until an accord or impasse has been reached. Should try to resolve this amicably rather than using public money for litigation. A park is coming to that land. No way anyone can stop it. We need to congratulate Mary for holding it off as long as she did. Mari Suazez -Library Director -The Town Managers yeazly increase is on the • agenda today. Attending this meeting as the Library Director and as the representative of my staff to support Mr. Sugerman and advise you of the positive influence he has been on all of us. He listens when we have approached him with problems, and encourages me to follow my staffs' suggestions and ideas. We have surpassed all the goals set for the Library this year, and could not have done it without his support. Leonard Bell - 2727 S. Ocean Blvd. -The Town is fortunate to have hired a manager with the character and professionalism of Mr. Sugerman. Our elected officials should be required to attend a seminar explaining the strong manager form of government. Highland Beach is a tiny part of Palm Beach County. When you invite guests to our town, they should be treated with courtesy. To antagonize someone with powerful influence is nuts. You can see what type of parks the county has constructed along AlA. Folks in town want to recall the mayor. Do we have a system in place to do that? Town Attorney Sliney - I am not prepared to answer that at this time. Mr. Bell - Elected officials should listen to the voters. Every citizen has a right to express their own opinion without being challenged. Arlin Voress -Harold Cohen, one of our former active residents recently passed away at the age of 92. He served on both the Board of Adjustment and Code Enforcement. Would like to request that a letter be sent to his family expressing condolences and thanking him for his past volunteerism. Also, have heazd stories • Town Commission Minutes March 6.2007 Page 3 of 11 about the Commissions' meetings. Citizens are watching what is going on at these meetings. Suggest that you review the tapes of the previous meetings to see what they see. Judy Wright -Finance Office -Two years ago when Dale Sugerman was appointed Town Manager, we all experienced a period of adjustment. We had to get used to his style and he to ours. This transition was difficult for some. I have found Dale to be professional, extremely knowledgeable about his job and sets high standards for himself and his staff. He is a good listener, has a sense of humor, and is very compassionate. In my opinion, these attributes, coupled with his professional manner, make him a very effective leader. Sue Grav -Assistant to Town Manager -When Dale came to Highland Beach, I realized that his management style is very different that anyone that I had ever worked for. I have come to appreciate it. Dale has set high standards for his staff, and they are attainable. Working on many projects and assignments with Dale, I have experience his extensive solid experience in local government. He continually exhibits a high level of integrity and professionalism daily. The town is fortunate to have such a fine manager. Vice Mayor Asselta -Addressing Mr. Bells' comments in reference to the roles of the Town Commission and the Manager. Some of us are aware of the problem. Commissioner Newill -Anyone involved in violating the Internal Revenue laws • governing 501 C-3 organizations, the organization could lose their eligibility. 3. PRESENTATIONS None 4. BOARDS AND COMMITTEES A) Board Correspondence • Financial Advisory Board Chairman Alan Teller - At its February 1, 2007 meeting, the Financial Advisory Board reviewed the insurance compared to the 2007 Appraised Property Values and recommends that the Town Commission tries to secure the one million blanket well coverage at a cost of $6,700. There is an issue on the amount of insurance that we carry. A recent appraisal values the property owned by the Town at $23 million for insurance (replacement cost) purposes. • We currently insure property for $16 million under a replacement cost _ contract that has no coinsurance clause. The policy does however, limit the replacement cost benefit to 10% above the amount carried of a loss or damage. The report offers four options: Option One - is to increase the policy coverage to 23 million and pay an additional premium of $93,000.00, pro Town Commission Minutes March 6, 2007 Page 4 of 11 rated for the remainder of the term. Option Two - is to keep the policy limits . currently in force. Option Three - is to request the underwriters to cover only the equipment above the ground. Option Four - is to request the underwriters to issue blanket coverage of one million on the wells. Of the overall increase in value of 7 million (16 M to 23M) the wells make up 55% of the issue. We should examine the Towns exposure to loss as it relates to these units very carefully. Town Mans er Su erman -Attended the Finance Advisory Boards' meeting, and support their recommendation. The Manager has the ability to purchase this insurance, but thought Mr. Teller should give the Commission a complete analysis of this convoluted situation. MOTION: Vice Mayor Asselta moved to secure one million ($1,000,000) blanket well coverage at a cost of $6,700. seconded by Commissioner Zwick. Discussion: Comm. Newill -Inquired of the Town Attorney what the ramifications due to the high valuation are. At Sline -Individual policies cover separate properties. Insurance issues are quite involved. If you are under insured, you would not get full value. Mr. Teller - We do not have co-insurance clause. If we are carrying insurance to the value, loss will be only 10% over insurance being carried. Companies do not look at values until loss takes place. This is why the Advisory Board is making this recommendation. Attv. SlineX -Some municipalities self insure. Comm. Newill - We carry $16.5 M; the insurance company will pay $17.6 M. Do not expect everything to be wiped out at one time. Mr. Teller - We will be self insuring the difference. By going this route, we are saving $89,000 a year. Vice Mavor -Good work. Is each piece of • property undervalued? Mr. Teller -Each building is valued at a different square footage rate. Administrative Building - $3.28; Library $3.39; Fire Station $1.28; Water Tower -covered at $586,000 with actual value being $2 million. Vice Mayor Asselta -Has there ever been an engineering analysis on this building? Do we need to start putting money in a reserve for this purpose? Mgr., Superman - In the process of requesting RFP's for replacing this building in order to meet the Florida accreditation process. Last year's budget began the process of putting $200,000 a year away in a reserve account. Motion carried by Unanimous Voice Vote B. Talent Bank -Interviews • Lorenzo Sciortino - 3201 S. Ocean Blvd. - (Code Enforcement Board or Planning Board) -Has been a resident for over fifteen years. Owns a few restaurants in the area. Would like to volunteer in the Town. Comm. Newill - How many times have you been before the Code Enforcement Board in the last year? Replv - A few. Comm. Newill -Actually four. What is your education or experience? Replv - I attended the Code Enforcement meetings as a representative for a condominium building that I own an interest. Have no college degree, but have been in business for a long time. Deal with people on a day-to-day basis. Vice M_,your Asselta -Should have had someone from the Code Enforcement Board in attendance. Comm. Zwick - Have seen Mr. Sciortino answering charges before at a Code Enforcement • Meeting. Did not find his name on the voting list. A quasi judicial board Town Commission Minutes March 6. 2007 Page 5 of 11 imposes fines. Need to be thorough with the applications. Comm. Scala- . Pistone -Need to hold off on this appointment until we have a representative from Code Enforcement attend the meeting. • Kurt Kalberer - 3115 S. Ocean Blvd. -Planning Board Has lived in Highland Beach for the last five years. Originally from Rhode Island where previously served on Planning. Presently employed as a Real Estate Broker; previously employed as a Real Estate Developer; graduate of Bryant College. Would like to help maintain the uniqueness of Highland Beach. Commission requested that the Chair of the Planning Boazd interview the candidates and make a recommendation. U C. Board Action Report Accepted report as submitted. D. Board Meetings -read into the record by Mayor Hagelmann Beaches & Shores Advisory - 3/13!07 -Regular - 9:30 A.M Planning Board - 3/14107 -Regular - 9:30 A.M. Town Commission - 3/16/07 -Oath of Office - 10:00 A.M. Code Enforcement Boazd - 3/21/07 -Regular - 9:30 A.M... Cultural Society Advisory - 3/22/07 -Regular - 9:30 A.M. Board of Adjustment -None Scheduled Financial Advisory Boazd -None Scheduled 5. PROPOSED ORDINANCES AND RESOLUTIONS A. ORDINANCE NO. 07-001 OF THE TOWN OF HIGHLAND BEACH, FLORIDA ESTABLISHING AND REVISING THE EXISTING RATES FOR SOLID WASTE AND RECYCLING COLLECTION SERVICES: (first reading 2/6/07; published 2/20/07} After the Clerk read Ordinance No. 007-01, by title only, Mayor Hagelmann requested either discussion or a motion. MOTION: to adopt Ordinance No. 07-001 was made by Commissioner Newill and seconded by Commissioner Zwick. ROLL CALL: Comm. Newill - Yes Co:r~m. Zwick - Yes Comm.Scala-Pistone - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes. • Town Commission Minutes March 6, 2007 Page 6 of 11 MOTION CARRIED UNANIMOUSLY • B. RESOLUTION NO. 07- 006 R OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING THE ELECTION FOR ONE (1) COMMISSION SEAT TO HAVE BEEN HELD ON THE 13~ DAY OF MARCH 2007 TO BE UNNECESSARY SINCE THE ONLY CANDIDATE WHO QUALIFIED WAS UNOPPOSED. MOTION: to approve Resolution 07- 006 R was made by Commissioner Scala- Pistone and seconded by Commissioner Zwick. ROLL CALL Comm. Newill - Yes Comm. Zwick - Yes Comm. Scala-Pistone - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes. MOTION CARRIED UNANIMOUSLY C. RESOLUTION NO. 07 -007 R OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, AUTHORIZING A SALARY • ADJUSTMENT FOR THE TOWN MANAGER MOTION: to adjust the Town Managers' salary by 3% was made by Commissioner Newill and seconded by Commissioner Zwick. Discussion: Comm. Newill stated that only three Commissioners included a percentage with their evaluations. Vice Mayor Asselta -The form does not mention leadership. It is simple, but does not do the manager any favors. Comm. Scala-Pistone -Believe the form should be revised. It also should include space to include comments. Town Manager Su eg rman -The form was created by specifics in the employment contract. Mayor Hagelmann - It would be helpful if it included a section for the percentage recommendation. I would recommend 3%. Comm. Zwick - I recommend 4%. Comm. Newill-The evaluation should be on performance. ROLL CALL: Comm. Newill - Yes Ccimm. Zwick - Yes Conun.Scaia-Pistone - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes. • MOTION CARRIED UNANIMOUSLY Town Commission Minutes March 6. 2007 Page 7 of 11 U 6. NEW BUSINESS A) Authorizing the Mayor to sign Task Order No. 5 with Globaltech Engineering Services associated with the completion of the 2006 Capacity Analysis Report (CAR) MOTION: to authorize the Mayor to sign Task Order No. 5 with Globaltech Engineering Services was made by Commissioner Newill and seconded by Commissioner Zwick. ROLL CALL: Comm. Newill - Yes Comm. Zwick - Yes Comm. Scala-Pistone - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes. MOTION CARRIED UNANIMOUSLY B) Consideration of waiving the requirement of a background check for the position of Chief of Police for the Town of Highland Beach • • MOTION: by Mayor Hagelmann to remove the requirement of a background Check for the Chief of Police. Comm. Scala-Pistone asked who put this on the agenda? Mavor Hagelmann - I did. I contacted the legal department within the State of Florida to request a legal opinion on the question: "Are we required to have a background check on an officer who is being promoted?" Comm. Newill -You asked us all to think about it. I am a person that goes by the book. Whoever wrote this policy had a reason. The question is almost moot. The report from FDLE should be here momentarily. Do not feel is should be waived. Comm. Zwick I agree. The process has begun, and we need to follow through with the procedures that have been previously set. This procedure has been smooth sailing. No need to change at this late date. Comm. Scala-Pistone - I agree with Comm. Newill. We are a five member Commission with a Town Manager. It is his responsibility to follow procedures. It was not necessary to publicly chastise him. Mavor Ha elmann - All I am saying is that this is not a requiremennt of the FDLE. Vice Mayor Asselta -Time to question the procedure is long past. The Acting Chief has answered all the questions involved in this procedure. Thank you Acting Chief for your perseverance. Comm. Newill - We could calla "Special Meeting" to have a swearing in ceremony? Town Manager Su erman - A "Special Meeting" would have to be posted. Town Commission Minutes March 6, 2007 Pa~,e 8 of 11 • Mavor Hagelmann withdrew his Motion. 7) MISCELLANEOUS -ITEMS LEFT OVER None S) REPORTS -TOWN COMMISSION Commissioner Newill. CPA - No report Commissioner Zwick - I would like to address my comments to the residents of Highland Beach. When someone runs for public office, you open yourself up for a lot of personal examination My original thought was not to reply to the comments from one of the speakers today. After thoughtful consideration, I represent all of the residents in Highland Beach and would like to hear from them. Supplying funds to private organizations has come before the Commission several times. The Commission has made a decision not to donate town money to these organizations. The Commission sitting here represents all the residents in Highland Beach. Being human beings, we make mistakes. But they can be corrected. Any funds that the Commission donates are generated by tax dollars that the residents pay. I did not like being chastised for supporting the decision of the Commission. Would like to heaz from the residents whether they agree or disagree with donating tax dollars to this particulaz group. My phone number and email address are available. Commissioner Scala-Pistone -This is my last regular meeting of my term as a Highland Beach Commissioner. Would like to thank my constituents for giving me the opportunity to serve you for the last six years. Vice Mavor Asselta -After the workshop meeting on Milani Pazk, I came back and watched the tape. Doing nothing is rarely the best thing to do, when you have an opportunity to do something. Need to have someone take pictures of the area in the same spot on a regular basis; especially at high and low tide. Same of the statements made by the County were wrong. Need to have someone review the statements made by Mary McCarty in analyzing the information given regarding square footage and pazking spots. Width of the property is 150 feet. What is the depth? If the Commission turns down the site plan, they will not be able to put a pazk there. Does the property revert back to Milani if a pazk is not built within a certain time? Need a skilled negotiator to deal with the County. Have received a report that one of our employees will be filing a lawsuit against us. When is the timeto start discussing it? Town Mans eg r Sugerman -There has been a threat of a lawsuit against the Town Manager and the Town by the Fraternal Order of Police. Town Attorney Sliney -Something actually has to be filed. Then the Commission can delegate the Town Manager to represent the Town Commission with the Town Attorney. • Town Commission Minutes March 6 200? Page 9 of 11 • The performance by Josephine Dolce was outstanding. The Cultural Board deserves a standing ovation. Homestead Tax - We know the legislature is going to do something? But what? Comm. Newill - In reading the papers, something is going to happen. The Town Manager and I have had lengthy discussions regarding this subject. Town Manager Sugerman -The information coming out of Tallahassee on property tax reform changes daily. Should have a substantial proposal within the next three weeks. Receive daily updates from the Florida League of Cities. To spend staff time reviewing the proposals at this time would not be time well spent. As soon as we have an inkling of legislation, I will keep you briefed. Mavor Hagelmann -Prior to the discussion over Milani Park last week, a couple of residents voiced concern over their water bill. I accepted this as a challenge. What can we do to help with the water bill? Our waste water is pumped to Dekay Beach at a cost of $500,000. Why don't we build our own water treatment plant? The water that comes out of the plant is 90% pure. This water then can be used to irrigate the plants. Do not know if it legally possible. Would like the Town Manager to look into the cost of building a plant and contacting the owners of the Hoffman property about purchasing that piece to build this water treatment plant. Any comments? Comm. Newill - Do not know if it is legal and what would be the cost to install another line. Town Mana eg r Su erman - Do not mind doing the work, but do not recommend . putting a sewer plant in a residential area. If the Commission agrees, we can hire a competent engineer to do an analysis for between $25150 thousand dollars. Comm. Newill - No. Comm. Scala-Pistone - No. Comm. Zwick -Would take up a lot of room, noisy and "not in my back yard." Ma, oar Ha elg mane -Not in favor of spending the money. 9. REPORTS -TOWN ATTORNEY County Park - Took a lot of notes. There are things the Town can do. Basically, everyone agrees that there is going to be a park there. The Town is concerned over the intensity of the county's plans. The county has not submitted an application. When the time comes, the Town can hire professionals to testify for the benefit of the town. Vice Mayor Asselta - I have been working with the Town Manager to review the information that we have received to date from the County to prove that it is inappropriate. 10. REPORTS - TOWN MANAGER Thanked the Commission for their support and 3% salary increase. It has been a privilege and honor serving as the town manager. Thanked the folks who gave both verbal and professional support. We tend to hear the criticism first, but the comments were appreciated. • Town Commission Minutes March 6 2007 Pa e 10 of 11 11. CONSENT AGENDA A) Declaring certain equipment in the Police Department as surplus property B) Board Vacancies -Appointments - 3 Year Terms • Beaches and Shores Advisory Board Betty Jane Hofstadter Martha Pando Ruth Samuels Evelyn Weiss Lucy Whalen Miller C) Minutes • Special Meeting January 11, 2007 MOTION: Commissioner Zwick moved to approve the Consent Agenda as presented, seconded by Commissioner Scala-Pistone. ROLL CALL: Comm. Newill - Yes Comm. Zwick - Yes Comm. Scala-Pistone - Yes Vice Mayor Asselta - Yes Mayor Hagelmann - Yes. • MOTION CARRIED UNANIMOUSLY Commissioner Newill Requested that the Town Manager instruct the Acting Chief of Police to have the computer drives cleared before disposal. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Seymore Strauss -Boca Highlands -The Town has looked into purchasing the Hoffman property before. By the time it goes through Referendum, the cost would be 30 to 50 million. Against this purchase. The day I stood in front of the Library asking for signatures on my petition, my question was: "Will you spend one dollar of your tax money to support the orchestra?" Most of my responses were positive. Had one that said no and one that stated she did not sign petitions. Come March 30~' will resign as Chairman of the Lyric Chamber Orchestra. Will be asking Rhonda Miller to do a story on the "Death of the Orchestra," many people in Highland Beach will miss it. Joe Yucht --Boca Highlands -The Milani contract with the county had two interesting clauses. If the land is not used for park purposes and the county puts it up for sale, the right of first refusal goes to Mrs. Milani. In the history of Palm Beach County, they have never sold any beach property that they own. It would • Town Commission Minutes March 6.2007 Page 11 of 11 also have to come back to the Town for re-zoning. If the Commission is going to appoint a committee to look into the county park, it should select representatives from Boca Highlands, as they look down at the property daily. Property Tax -The Town needs to get a jump on this as they will be receiving less money. Commission should be asking the Financial Advisory Board to review the budget to determine what needs to be cut. We have everything to gain by staying one jump ahead of Tallahassee. Comm. Scala-Pistone -Was the Milani property ever for sale? Reply -Yes, back in the 80's it had been offered to Boca Highlands. 13. ADJOURNMENT There being no further business to come before the Commission. Mayor Hagelmann adjourned the Workshop at 4:20 P.M. upon a MOTION by Commissioner Scala-Pistone seconded by Commissioner Zwick... • 3/16/07 APPROVE ld R. Hagel ,,~~ h 7. s el ice Mayor ~~~ _ ~~ Rachael Scala-Pistone, Commissioner