2004.10.05_TC_Minutes_Regular
TOWN OF HIGHLAND BEACH. FLORIDA
TOWN COMMISSION
REGULAR MEETING MINUTES
Tuesday, October 5 2004 1'30 p m
Mayor Thomas J. Reid called the Regular Meeting to order in Commission Chambers
at 1:30 P.M.
Acting Town Clerk Jane Dillon called the roll. The Mayor, Vice Mayor Joseph J. Asselta
and Commissioners Rachael Scala-Pistone and Miriam S. Zwick were present.
Commissioner Robert L. Lowe was absent.
Town Attorney Thomas E. Sliney and Acting Town Manager Doris Trinley were also
present, as were members of the general public.
The Pledge of Allegiance was given.
1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
Mayor Reid requested Resolution No. 824 be moved to 1 a, and that a vote on the
Resolution be made.
Also under item No. 6, New Business, the contract for the new Town Manager be
discussed.
MOTION was made by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE
to approve Resolution No. 824. Motion met with unanimous approval.
Mayor Asked Chief Anthony Cervasio and his wife, Lucille, to come to the dias, where
the Mayor read the Resolution into the record, and then presented it to the Chief.
(Resolution attached hereto and made a part of these minutes.
2. PUBLIC COMMENTS AND REQUESTS
Harold Flagelmann, Boca High, stated that he has been pushing for many years, a
flashing light at several crossings on A1A, as there is one in Boca on A1A.
One at Boca High, perhaps Toscana, Ambassadors East, and other spots where people
cross.;
.toe Yucht, .Boca High, agrees about placing lights on A1A. He also suggested that the
Town,ha~,re a forum to discuss the eight constitutional amendments to be voted on in the
November election. Mayor noted that the Town has gone beyond what it needs to, to
inform residents of the issues, as the Town has printed material in Town Hall.
. Town Commission
Tuesday October 5, 2004 Page 2 of 6
Elizabeth Suskind, spoke re Burd Beach Estates which consist of six houses. She noted
that one of the owners has rented their house to a company which is using it for
timesharing purposes. She said that the other residents are disturbed by this, as the
gate numbers are given to anyone who comes in, every weekend there are new people
who leave garbage out, noisy, messy beach, etc., not adhering to the rules. She noted
that this company is purchasing properties all over to use for this situation, which is
addressing the high end market.
Mayor Reid addressed the homeowner documents, and Vice-Mayor Asselta feels this is
a Commercial use of the property. Attorney Sliney did state that it is a violation of Burd
Beach by-laws and a violation of the Association's by-laws, and the Town's rules and
regulations.
Horst Suskine, Bel Lido made a complaint about the large home being constructed
across the lake from his home, noting balconies on the back, and expressing concern
for future houses that may look like this. He was concerned that it may be the same
situation as above, and noted that Bel Lido is not "5 million dollar houses". Mr. Dawson
noted that the house does meet the codes of the Town.
• Seymour Strauss, was seeking funding of $5,000 to promote musicals in various
condos. He noted that next year his group would be eligible for funding from Palm
Beach County.
Vice Mayor Asselta spoke re the problems the Town has had with the DOT, and the
Town is doing its best to deal with the Department.
3. PRESENTATIONS
CH2MH: REVERSE OSMOSIS WATER TREATMENT FACILITY
Shawn Skeehan offered an update on the water plant, noting five items need to be
resolved: 1) sealant on floor 2) pressure valve 3) miss. items -punch list 4) analysis on
water duality 5) power issue. There was lengthy discussion regarding these items.
4. BOARDS AND COMMITTEES
A) B£?ARD CORRESPONDENCE: None.
B) BOARD VACANCIES were noted as follows: One (1) on Code Enforcement
Board; One (1) on Public Safety Advisory Board.
Commissioner Zwick/Scala-Pistone made motion to appoint Paul Resnick to the Code
Enforcement Board. It was suggested that Paul Resnick be invited to the next
meeting to be interviewed by the Commission.
• Town Commission
Tuesday, October 5, 2004 Page 3 of 6
It was noted that one member on the Planning Board has missed four meetings and one
on the Safety Board has missed three meetings (members cannot participate by phone.)
C) BOARD ACTION REPORT: Mayor read into the record.
D) MONTHLY BOARD MEETINGS: Previously Submitted.
5. PROPOSED ORDINANCES AND RESOLUTIONS
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, HONORING
FORMER CHIEF OF POLICE, ANTHONY M. CERVASIO.
Mayor Reid noted that this was approved at the beginning of this meeting.
6. NEW BUSINESS
MOTION was made by COMMISSIONERS SCALA-PISTONE/ZWICK to accept Mr.
Taylor's contract for discussion. All aye.
• There was discussion regarding Mr. Taylor's contract. A meeting will be held after the
Regular meeting to solely discuss the contract. Mayor Reid noted that due to the
sunshine law, discussion of same must be done in a Public Forum as it cannot be done
via an executive session which can only be held for litigation matters.
7. MISCELLANEOUS -ITEMS LEFT OVER
(1) MINUTES FOR APPROVAL AT OCTOBER 5 REGULAR MEETING
AUGUST 31 WORKSHOP
AUGUST 31 SPECIAL (TOWN MANAGER SELECTION)
SEPTEMBER 7 REGULAR
SEPTEMBER 7 PUBLIC HEARING (BUDGET)
SEPTEMBER 14 PUBLIC HEARING/SPECIAL (BUDGET)
SEPTEMBER 23 SPECIAL (TOWN MANAGER DISPOSITION)
lSpon MOTION by COMMISSIONER ZWICK/COMMISSIONER ASSELTA to accept
minute-s for approval. Motion met unanimously.
8. R~POI~tTS -TOWN COMMISSION
COMMISSIONER MIRIAM S. ZWICK: No report.
• COMMISSIONER RACHAEL SCALA-PISTONE: Spoke about complaint from
• Town Commission
Tuesday, October 5, 2004 Page 4 of 6
Ron Bennett, Montery House, re Penthouse Highlands and the amount of ash from
drilling which is blowing onto Montery House and getting on cars, porches, etc.
COMMISSIONER LOWE: absent
VICE MAYOR ASSELTA: Spoke re FAB and the discussion of the Town's
insurance policies, and that the Town should look into the coverage before renewing
them. He asked the Commission for guidance, of which the Mayor asks Vice Mayor to
stay involved, to look into the insurance issues.
MAYOR REID: Spoke on the timesharing issue which was brought up earlier, and
that Attorney Sliney will look into the issue.
9. REPORTS -TOWN ATTORNEY No report.
10. REPORTS -TOWN MANAGER No report.
Commissioner Scala Pistone asked to make a motion that a 7% ceiling be placed for the
Town Manager's yearly raise increase. No second was made, but further discussion
• ensued.
11. CONSENT AGENDA
(1) MATERIAL PRICE INCREASES RE NEW MUNICIPAL LIBRARY.
There was some discussion re the $86,000 the contractor is requesting, and who
ultimately should be responsible for this increase.
MOTION was made by COMMISSIONER ZWICK/COMMISSIONER ASSELTA to
approve the Change Order as presented. Motion met with unanimous approval.
(2) PURCHASE AND INSTALLATION OF MOBILE DATA TERMINALS FOR FIRE
TRUCK 6 AND RESCUE TRUCK 6, PER DELRAY BEACH FIRE/RESCUE.
MOTION was made by COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK
to accept. Motion met with unanimous approval.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Joe Yucht, Boca Highlands, agreed to the defect in the sunshine law and recommended
• that a committee be selected to make a recommendation to the legislature on how to
change it to suit the Town's needs.
• Town Commission
Tuesday, October 5. 2004 Page 5 of 6
Mr. Yucht also spoke re the library contract re materials increases and felt that the
materials could have been stored easily, and hopes the Town is not setting a
precedence in the future for paying for these materials now. Vice Mayor Asselta felt the
Town is legally obligated to pay for this.
Alan Teller, member of the Financial Advisory Board, noted that the insurance program
is adequate, but it's the failure of not looking at the policies yearly to insure the Town is
getting the best value.
A ten minute recess was called at 3:45. At 4:15 discussion of the Town Manager's
contract continued, as follows.
Under No. 6, New Business, discussion continued regarding the contract for the new
Town Manager.
MOTION was made by VICE MAYOR ASSELTA/COMMISSIONER SCALA-PISTONE
to review contract and give instructions to the Town Attorney to finalize a contract to be
sent to prospective new Town Manager Rex Taylor
• MOTION was made by COMMISSIONERS SCALA-PISTONE/ZWICK that the Town
Manager's base salary shall be increased with a merit increase not to top 7% annually.
The following monetary issues are noted:
. $95,000 base salary
. A six month review with a salary adjustment up to 5%.
. A flat $7,000 for moving and temporary living expenses.
There was further discussion on other issues which were either accepted or changes
made. Subject contract shall be forwarded to Mr. Taylor for his review.
13. ADJOURNMENT
There being no further business to come before the Commission at this time, MOTION
to adjourn was made by VICE MAYOR ASSELTA/COMMISSIONER SCALA-PISTONE
at 5:40 p.m.
Town Commission
Tuesday, October 5 2004 Page 6 of 6
APPROVAL:
Mayor Thomas J. Reid
Vice Mayor Joseph J. Asselta
Commissioner Robert L. Lowe
Commissioner Rachael Scala-Pistone
Commissioner Miriam S. Zwick
ATTEST:
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Town of Highland Beach
3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH, FLORIDA 33487
561-278-4548
Palm Beach County, Florida FAX 561-265-3582
RESOLUTION NO. 824
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, HONORING FORMER CHIEF OF POLICE,
ANTHONY M. CERVASIO
Mayor:
Thomas J_ Reid
Vice Mayor:
Joseph J. Asselta
Commissioners:
Robert L. Lowe
Rachael Scala-Pistons
Miriam 3. Zwick
WHEREAS, former Chief of Police Anthony M.Cervasio has devoted his life's work to law
enforcement for 40 years, the last 20 years serving the Town of Highland
Beach, first as Officer starting October 1984, as Sergeant in January 1990; and
as Chief since October 1995; and
WHEREAS, for the first 20 years of his law enforcement career, Chief Cervasio served
the Newark,New Jersey Police Department, and was one of the Officers chosen
to advertise its Comprehensive Crime Prevention Program; and
IrVHEREAS, during his long service to the Town of Highland Beach, Chief Cervasio
provided leadership and wholeheartedly participated to ensure a fitting quality of
life for its residents; and
WHEREAS, the Town has benefitted from Chief Cervasio's devoted efforts to protect and
serve, and wishes to thank him for his dedication on its behalf, it is proper
that a measure of appreciation be inscribed in the official records of the Town.
NOW, THEREFORE, BE IT RESOLVED, that a copy of this statement be incorporated
into the archives and become a permanent record of gratitude, to Anthony M. Cervasio
for his long-standing and unselfish commitment to the Town of Highland Beach and its
Police Department, and that this resolution be presented to him.
ADOPTED UPON PROPER MOTION AT THE REGULAR MEETING OF
THE TOWN COMMISSION HELD ON OCTOBER 5, 2004.
~fS
Thomas .t Rei ,Mayor
Attest:
Doris ~ . Tri ley, Town Clerk
vvww. highlandbch. com