2004.04.06_TC_Minutes_Regular.
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TOWN OF HIGHLAND BEACH
• MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
TUESDAY, APRIL 6. 2004 1:30 P.M.
Mayor Thomas J. Reid called the Regular Meeting to order in Commission Chambers
at 1:30 P.M.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Joseph J. Asselta, and
Commissioners Robert L. Lowe, Rachael Scala-Pistone, and Miriam S. Zwick were
present.
Town Attorney Thomas E. Sliney and Town Manager Ben Saag were also present, as
were members of the general public.
After roll call, the Pledge of Allegiance was given.
1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
INTERVIEW: TALENT BANK APPLICANT FRANK COLARULLO
• Mr. Colarullo gave a synopsis of his background (copy attached to and made part of
these Minutes). The Commission had no questions, as most had known Mr. Colarullo
for some time.
2. PUBLIC COMMENTS AND REQUESTS
Doris Trinley, 3310 S. Ocean Blvd., spoke in her capacity as resident, not Town Clerk.
Ms. Trinley expressed the opinion that turning the Town's portion of A1A (almost 3 miles)
into a "no passing" zone was not in the best interests of the Town, and gave reasons for
such opinion (copy of her remarks attached to and made part of these Minutes).
Beverly Knight, 4023 S. Ocean Blvd., asked for relief regarding two (2) abandoned
houses adjacent to her property, which are being used by vagrants and others for
improper purposes. Mrs. Knight presented pictures of some of the actions taking place.
Mayor Reid asked both Mrs. Knight and Ms. Trinley to petition the Town Commission
with their concerns in writing.
Seymour Strauss, 4748 S. Ocean Blvd., gave an update on the Lyric Chamber
Orchestra; advising past programs had been successful and three (3) concerts were
planned for the future (Christmas, January, March). Dr. Strauss also proposed that a
• "Cultural Forum" be formed and advised of a $5317 financial balance. (copy of his
financial report and proposal attached to and made part of these Minutes.)
• Minutes of Town Commission Regular Meeting
Aril 6 2004 Page 2 of 6
2. PUBLIC COMMENTS AND REQUESTS (continued)
Dean Luce, 4511 S. Ocean Blvd., noted that the citizens were expecting a vote on the
Hoffman/Amco project.
3. PRESENTATIONS
NONE.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: FINANCIAL ADVISORY BOARD
NON-RECOMMENDATION OF "FISCAL NOTE;"
Mayor Reid noted receipt of this memorandum from the FAB.
B) BOARD VACANCIES: Three (3) on Board of Adjustment
(Joseph Sarubbi requests reappointment)
• Action taken on these vacancies was as follows:
Joseph Sarubbi (Commissioner Lowe/Commissioner Zwick) and Joseph Yucht
Commissioner Lowe/Commissioner Scala-Pistone) were reappointed, each to a
three-year term..
Michael Hill (Commissioner Scala-Pistone/Commissioner and Peter Corrales
(Commissioner Lowe/Commissioner Scala-Pistone) were each appointed to
a three-year term.
All received unanimous favorable vote.
One (1) on Planning Board.
It was the consensus to defer action on this vacancy.
Three (3) on Code Enforcement Board.
Frank Colarullo (Commissioner Scala-Pistone/CommissionerZwick)tyas appointed
to a three-year term by unanimous vote.
It was the consensus to defer action on the other two (2) vacancies.
C) BOARD ACTION REPORT: read into the record by Mayor Reid.
Town Commission Regular Meeting Agenda
. April 6, 2004 Page 3 of 6
4. BOARDS AND COMMITTEES (continued)
D) MONTHLY BOARD MEETINGS:
Planning Board Regular - No Meeting Scheduled.
Board of Adjustment -Quarterly - 4/20/04 - 9:30 A.M.
Code Enforcement Board -Quarterly - 4/21/04 - 9:30 A.M.
Financial Advisory Board -None Scheduled.
Building Fee Ad Hoc -None Scheduled
Public Safety Advisory -None Scheduled.
Beaches Advisory - 4/13/04 - 9:30 A.M.
The April Board Meetings were also read into the record by Mayor Reid.
5. PROPOSED ORDINANCES AND RESOLUTIONS
NONE.
6. NEW BUSINESS
• DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) RE PALM BEACH
COUNTY LEAGUE OF CITIES.
Upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER LOWS,
followed by unanimous favorable vote, Mayor Reid was named the voting delegate; with
the Vice Mayor, Commissioners and Town Manager as alternates.
7. MISCELLANEOUS -ITEMS LEFT OVER
(1) DISCUSSION OF AND POSSIBLE ACTION ON THE DISPOSITION OF
THE PETITION FOR SETTLEMENT RE HOFFMANN/SIEMENS.
MOTION by VICE MAYOR ASSELTA/COMMISSIONER SCALA PISTONE was made
as noted below, followed by brief remarks from each of the members:
This is a Motion to respond to Petition for Consideration of Settlement Agreement
and Modification to Existing RPUD and Time Limits and for Site Plan Approval (dated
January 20, 2000) and Settlement Stipulation proposal (submitted October 17, 2002) and
Petitioner's Public Hearing presentation on March 31, 2004.
Whereas in consideration that current zoning permits only buildings with height
limit of 35 feet and 42 units (ord. 596 dated August 22, 1990) for this particular parcel
. of land, and that at no time prior to August 22, 1990 did Hoffman ever attempt to comply
with any prior ordinance by submitting site plan approval, or application for building
permit nor any work begun.
-continued next page -
• Minutes of Town Commission Regular Meeting
April 6, 2004 Page 4 of 6
7. MISCELLANEOUS -ITEMS LEFT OVER (continued)
Therefore, this present proposal for building 98 units with two (2) buildings in
height of 163 feet and 182 feet with commercial amenities was so beyond the Town
Code as to be an unreasonable proposition to compromise the Town ordinance that we
move to deny both the Petition for consideration of Settlement Agreement and
Modification to Existing RPUD and Time Limit for Site Plan Approval and the Settlement
Stipulation.
Roll call vote was as follows:
Commissioner Zwick -Yes
Commissioner Lowe -Yes
Commissioner Scala-Pistone -Yes
Vice Mayor Asselta -Yes
Mayor Reid -Yes
(2) MINUTES FOR APPROVAL:
• Upon MOTION by COMMISSIONER LOWE/COMMISSIONER SCALA-PISTONE, the
following sets of Minutes were unanimously approved:
FEBRUARY 24, 2004 -WORKSHOP
FEBRUARY 24, 2004 -SPECIAL WORKSHOP (OPEN SPACE GRANTS)
MARCH 2, 2004 -REGULAR MEETING
MARCH 16, 2004 -CANVASSING/SPECIAL MEETING (ELECTIONS
8. REPORTS -TOWN COMMISSION
Commissioner Miriam S. Zwick had no report.
Commissioner Rachael Scala-Pistone advised the April beach clean-up was cancelled,
as she could not coordinate with the KEY club members due to spring breaks. Town
Manager Saag offered to try to set up a clean-up date for the month of May.
Commissioner Robert L. Lowe had no report.
Vice Mayor Asselta asked if the DOT had been contacted regarding the Town keeping
the bike paths clear. The Vice Mayor also reported that the Casuarina Condominium
had sent its petition to the State regarding mangrove clean-up in the lot to the north of
the Casuarina, which is owned by the Coronado.
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• Minutes of Town Commission Regular Agenda
April 6. 2004 Page 5 of 6
8. REPORTS -TOWN COMMISSION (continued)
Mayor Thomas J. Reid noted his thoughts that the Commission should consider the
three (3) requests brought up today under "Public Comments," that is, double striping
of the Town's portion of A1A; the abandoned properties on the ocean side at the south
end of Town; and the continued progress of the Lyric Camber Orchestra.
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
10. REPORTS -TOWN MANAGER
Town Manager Ben Saag responded to the Vice Mayor's question regarding A1A,
saying he would contact the DOT today.
Mr. Saag also asked for direction regarding the double striping of A1A. MOTION by
VICE MAYOR ASSELTA/COMMISSIONER SCALA-PISTONE was made as follows:
• THE TOWN MANAGER IS DIRECTED TO ADVISE THE DOT TO HOLD OUR
PAST RECOMMENDATION IN ABEYANCE AND GIVE US ANOTHER 30 DAYS
TO RESPOND.
Majority roll call vote was as follows:
Commmissioner Zwick -Yes
Commissioner Scala-Pistone -Yes
Commissioner Lowe - No
Vice Mayor Asselta -Yes
Mayor Reid -Yes
11. CONSENT AGENDA
NONE.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Howard Glazer, former Mayor of Great Neck, Long Island, complimented and
comgratulated the Commission on the action taken on Hoffman/AMCO in accordance
with the openly expressed desires of their constituents.
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Minutes of Town Commission Regular Meeting
April 6. 2004 Page 6 of 6
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING (continued)
Turtle Coordinator Jose Echeverria, Russell Drive, reminded that nesting season begins
on May 1.
Seymour Strauss, 4748 S. Ocean Blvd., also commented favorably on the Commission's
action regarding Hoffman/AMCO.
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor Reid
adjourned the Regular Meeting at 2:40 P.M. upon MOTION by COMMISSIONER
LOWE/VICE MAYOR ASSELTA.
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APPROVE:
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Thomas J. Reid, Mayor
obert L. Lowe, C missioner
Attest:
Date: 1 ~f (~ `~
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eph J. Asselta, l~/ ce Ma
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Rachael Scala-Pistone, Commissioner
Miriam S. Zwi , missioner
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