2003.09.30_TC_Minutes_Workshop[7
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION
WORKSHOP MEETING
Tuesday, September 30. 2003 1.30 P M
Mayor Thomas J. Reid called the Workshop Meeting to order in Commission Chambers
at 1:30 P.M.
. Deputy Town Clerk Jane Dillon called the roll. The Mayor, Vice Mayor Michael W. Hill,
and Commissioners John J. Sorrelli, Robert L. Lowe and Rachael Scala-Pistone were
present.
Town Manager Ben Saag and Town Attorney Thomas E. Sliney were also present, as
were members of the general public.
ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
With no objections, the Agenda was accepted as presented.
2. PUBLIC COMMENTS AND REQUESTS
Joseph Yucht, Boca High, stated that a Boca Raton Airport Authority Workshop meeting
was held Thursday, Sept. 25, whereby decision was made to combine the Airport
Authority Advisory Committee and the Airport Abatement Committee, which will consist
of 9-13 members. Progress in the Milani lawsuit improves, with the case against Boca
High dismissed, but continues against the County. He suggested the Commission
should consider amending the ordinance letting residents, appointed by the Commission
to outside committees, report monthly back to the Town regarding the progress of their
appointment. Mr. Yucht also suggested imposing an ordinance that cyclists must ride
in single file as they don't improve the town, and why not impose a license to charge
them for riding through Town.
Town Commission Workshop Meeting
September 30. 2003 Page 2 of 7
3. PRESENTATIONS
PRESENTATION OF DISASTER RECOVERY COURSE CERTIFICATES
Mr. Saag presented subject certificates of completion for the FEMA (Federal Emergency
Management Agency -Disaster Recovery course) to the following attendees: Mitch
Reiger, Police; Bob Dawson, Building Dept; Bill Moore, Utilities Maintenance; Jack Lee,
Public Works Director; Ben Saag, Town Manager.
4. BOARDS AND COMMITTEES
Two Talent Bank Applicants were interviewed by the Commission: James Newill of 3210
S. Ocean, Villa Costa and Norman Berman of 3200 S. Ocean, Coronado.
Commissioner Scala-Piston requested a reintroduction of former Talent Bank Applicants
prior to filling the vacancy on the Planning Board. Commissioner Lowe also noted that
with the upcoming formation of the two new Boards (Public Safety and Beaches), some
of the existing board members may want to move to those two new boards, freeing up
vacancies on the existing boards. Commissioner Lowe recommended holding on any
appointments at this time.
• A) Board Correspondence: There was none to be considered.
B) Board Vacancies were noted as follows:
One (1) on Financial Advisory Board (Marianne Salibello eligible for
reappointment); one (1) on Planning Board.
C) Board Action Report: None
D) Monthly Board Meetings: Previously Submitted.
5. PROPOSED ORDINANCES AND RESOLUTIONS
1) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH ESTABLISHING PUBLIC SAFETY ADVISORY BOARD,
AND DEFINING THE COMPOSITION, TERMS, AND RESPONSIBILITIES
OF THE BOARD.
Mr. Saag offered a recommendation on how the board could operate, and suggested that
a timeline of 30 days be available to accept applications, with interviews being conducted
at the October Workshop Meeting. He suggested appointing an initial board of 5 citizens
to self govern through the rules in the resolution. All talent bank applicants, condo
managers and association managers would be notified of availabilities in order to pass
along to their condo residents. (Carryover to 10/07 Regular Meeting.)
Town Commission Workshop Meeting
• September 30. 2003 Page 3 of 7
2) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH REPEALING RESOLUTION 794; ESTABLISHING A
METHODOLOGY FOR COMPENSATING MEMBERS OF APPOINTED
BOARDS AND COMMITTEES; AND ESTABLISHING AN EFFECTIVE
DATE.
Mr. Saag noted that approximately a year ago, board compensation was changed to pay
members a siphon appropriate for the board, at the beginning of each calendar year.
It was realized that due to board members tenures ending mid year, or new members
appointed mid year, the members would either receive monies for time not served, or
not receive monies for time served. Mr. Saag suggested that the compensation
schedule go back to the way it was, payment per meeting, with the exception that should
multiple meetings of one board occur on the same day, only a one time payment will be
made for those same day meetings. (Carryover to 10/07 Regular Meeting.)
6. NEW BUSINESS
1) DISCUSSION REGARDING AMENDMENT TO AUTHOR'S CONTRACT
RE: TOWN HISTORY BOOK.
• Attorney Sliney noted that at the Special Meeting where Sandy Simon was present,
modifications were made to Contract for the book writing agreement, with this being an
amendment to that agreement. Attorney Sliney noted that the Town plans on ordering
3,000 books and will dispose of those books in accordance with amended paragraph
under copyright. Mr. Simon will order 1,000 and handle as he sees fit. Cross
accounting was done away with, amending three paragraphs to accomplish same.
Paragraph 4 of the amended agreement states how the books will be ordered, and how
much will be paid by the Town and how much by Mr. Simon.
Commissioner Lowe noted in paragraph 12 that the books would be given to the property
owners in town, and not to the renters of property. Mayor Reid commented that clause
referencing "Renters" should be taken out, providing books only to property owners.
Mayor Reid noted that he had Mr. Simon redo the cover, using another picture which
shows a close up view of Highland Beach (Mayor Reid showed an enlargement). He
also noted that Highland Beach now owns the copyright to subject photo.
7. MISCELLANEOUS -ITEMS LEFT OVER
1) CONSIDERATION OF SALARY SURVEY AND PAY GRADE
ANALYSIS/RECOMMENDATION (DOGWOOD CONSULTING GROUP)
Mr. Saag reviewed the four recommended areas to be considered: 1) adopt new salary
table 2) transfer all 70 hour employees to an 80 hour schedule 3) continue excel Minutes
Town Commission Workshop Meeting
September 30. 2003 Page 4 of 7
program as it exists 4) stop practice of increasing pay ranges with cost of living and
provide COLA adjustments as a one time lump sum payment.
Commissioner Lowe suggested an evaluation system be put in place for a complete
package. Commissioner Scala-Pistone requested Mr. Wick come back to the October
7 Regular Meeting and to rehear his presentation on the salary survey.
2) MINUTES FOR APPROVAL AT OCTOBER 7, 2003 REGULAR MEETING
AUGUST 26, 2003 - WORKSHOP MEETING
SEPTEMBER 02, 2003 - SPECIAL MEETING (R.O. PLANT TOUR)
SEPTEMBER 02, 2003 - REGULAR MEETING
SEPTEMBER 05, 2003 - PUBLIC HEARING (2003/2004 BUDGET)
SEPTEMBER 16, 2003 - SPECIAL (HISTORY BOOK)
SEPTEMBER 16, 2003 - PUBLIC HEARING/SPECIAL MTG (BUDGET)
8. REPORTS -TOWN COMMISSION
COMMISSIONER RACHAEL SCALA-PISTONE:
• Commissioner Scala-Pistone spoke re the beach vegetation system, showing the
Commission examples of non-native plants which are growing on the beaches, and
explained what type of plant is needed to hold the dunes. Ms. Scala-Pistone commented
that Toscana needed very little vegetation, probably using sea oats which are
inexpensive and easy to plant, and noted additional properties in Town which needed
seaoats/seagrape, but noted that basically the beaches look very good.
COMMISSIONER ROBERT L. LOWE:
Commission Lowe noted that he and Mr. Saag met with Dr. Weiner and the Bel Lido
residents, and indicated a very good exchange of information. He feels the Safety
committee will be of great help to the Town.
COMMISSIONER JOHN J. SORRELLI:
Commissioner Sorrelli had no report, but asked to be brought up to date on what Mr.
Yucht spoke about re the Boca airport. Mayor Reid explained about the two committees,
mostly addressing noise and basically doing the same job. The noise abatement Board
has been terminated, with just the Airport Authority Board handling all matters: noise,
security, operation, traffic, the tower, etc. Mayor Reid will continue to represent the
Town on this Board. Commissioner Sorrelli suggested that the new Safety Committee
may want to get involved with the Airport issues.
•
Town Commission Workshop Meeting
• September 30. 2003 Page 5 of 7
VICE-MAYOR MICHAEL W. HILL:
Vice-Mayor Hill referred to the picture of Highland Beach that the Mayor had shown, and
suggested that this picture may be a perfect token to give to the board members at their
annual luncheon. Mr. Saag stated that he would look into options of presenting it.
Vice-Mayor also referred to the presentation by Jean Ellis several meetings ago, and
asked Commission Scala-Pistone to respond to same (raking seaweed off beach.)
(Note: Mayor Reid stated that Commissioner Scala-Pistone already had "her turn". (see
attached verbatim per Town Attorney.)
Commissioner Scala-Pistone stated that she met with Jean Ellis, Jean Miller, Jose and
D.J. Escheverria, and was impressed by their efforts to the turtles and the beach. She
noted three important areas of the beach: Turtle program, vegetation program and a
clean up program, and it be imperative that they be considered together as a unit. The
group feels that the beaches are not being raked properly, with piles being placed on
other properties. The group considered having manual rakers.
Commissioner Scala-Pistone would like a committee formed called The Beach committee
to include the turtles, vegetation and cleanliness of the beach. She noted that the
beaches are filled with washed up garbage, and that a committee is necessary to
• address these issues.
Mr. Saag said that he will work with Commissioner Scala-Pistone in drawing up a
Resolution for subject committee.
Mayor Reid express concern of public vs. private property, and contracts that presently
exist with current contract rakers. Mayor asked if this would be a volunteer or budget
item. Commissioner Sorrelli felt the committee will decide these issues and to let the
process proceed and see where it goes. Commissioner Lowe felt natural private
beaches should be left alone. Mayor Reid recommended the committee go forth.
MAYOR THOMAS J. REID:
Referring to the bicyclists, Mayor Reid feels the cyclists need to abide by the same rules
as mototists, and their interference with traffic is out of order. Mayor Reid feels this is
difficult to control, unless the police dept or state formalize some sort of a regulatory
body to insist that the bicyclists be licensed.
The DOT and drainage in the Town have been solved by putting swales which have an
effect on the water runoff. Mayor stated that he noticed the water is percolating into the
ground, but there is one area that has a bog or clay that is about 15 feet deep. This
seems to inhibit the water from running off as quickly, but it does meet the 72 hours
• percolating requirement of the state, and the water remains off the roadway.
Minutes of Town Commission Workshop Meeting
September 30. 2003 Page 6 of 7
9. REPORTS -TOWN ATTORNEY
No Report.
10. REPORTS -TOWN MANAGER
Town Manager Ben Saag referenced a letter sent by the City of Boca Raton, that they
do have an interest in the well field property, but not in the Federal Highway parcel.
He noted that we have received notices from seven or so parties interested in the
property. Mr. Saag suggested taht a Special Workshop commence immediately following
the October 28 Workshop (changed to Nov 4 after Regular Meeting) to specifically
discuss the marketing of these properies. Mr. Saag will ask Town Attorney to provide
a specialist attorney from his office to provide guidance and advice in this effort.
11. CONSENT AGENDA
NONE.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
• Mr. Yucht noted that by giving the history books away, more copies will distributed and
read, while by selling the books, few would be purchased. Mr. Yucht commented on the
"A1A swimming pools" that are called swales. He noted that there are large pools and
the grass and sod will not prevent the water from percolating through, and feels it will
not drain as fast as the state hopes. Re the bicyclists, he believes there is a state law
that the motorcyclists must drive single file, not abreast, and believes the cyclist are to
follow the same rules. He suggested a way to break up the "packs" is by having a town
policeman always on A1A, particularly on Saturday and Sunday, and that the Town could
readily enforce it.
13. ADJOURNMENT
Mayor Reid adjourned the Workshop Meeting at 3:10 P.M. upon MOTION by
COMMISSIONER LOWENICE-MAYOR HILL.
VERBATIM TRANSCRIPT (ATTACHMENT TO MINUTES)
• MAYOR THOMAS J. REID AND COMMISSIONER RACHAEL SCALA-PISTONE
SEPTEMBER 30, 2003 TOWN COMMISSION WORKSHOP
Mayor Reid (to Commissioners Lowe & Sorrelli re discussion of Beaches Advisory Board:
Are you finished; Now it's my turn.
Town Manager Saag: Does Rachael.....
Commissioner Scala-Pistone: I don't go.
Mayor Reid: I'm sorry; did you want to go?
Commissioner Scala-Pistone: Yes. I was supposed to go now; I was supposed to speak
now.
Mayor Reid : No; you had your turn before him.
Vice Mayor Hill: I think what Rachael's talking about, Tom -remember when you had
talked about a new procedure for these meetings....
• Mayor Reid: No; No.
Vice Mayor Hill: whereby a Commissioner spoke for a period of time.....
Mayor Reid: Only and during a Commissioner's report - .it's endless. It's when they get
into discussion on an item on the floor.
Vice Mayor Hill: Alright, 1 think that's what Rachael was confused about.
Commissioner Scala-Pistone: No, I wasn't confused. I was trying to explain it to the
Mayor and the Mayor didn't understand. I wasn't confused; I knew what I was saying.
Mayor Reid: It was my understanding that the Commissioner had the inclination
that she was part of the 5 minutes at the end of each meeting, where, in fact, that's just
public only.
Vice Mayor Hill: Right, so I guess....
Commissioner Scala-Pistone: Mr. Mayor -you know this had gone far enough.
Mayor Reid: What?
• Commissioner Scala-Pistone: We go on and on about this...
Verbatim
Mayor Reid-Scala-Pistone
September 30, 2003 Workshop
Page 2
Mayor Reid: Dear, if you pay attention, you'll see what I'm talking about.
Any time there's a discussion...
Commissioner Scala-Pistone: How dare you speak to me that way...
Mayor Reid: Excuse me. Any time there's a discussion on the floor, there is a
5-minute round....
Commissioner Scala-Pistone: I will not accept your attitude...
Mayor Reid: No, dear....
Commissioner Scala-Pistone:....the way you're speaking to me at a public meeting.
Mayor Reid:... but listen to me.
Commissioner Scala-Pistone: We have discussed this topic before. Your staff have
discussed this topic before with you.
• Mayor Reid: Yes. And the topic....
Commissioner Scala-Pistone: Commissioners have discussed this topic with you.
Mayor Reid: ...and the point is?
Commissioner Scala-Pistone: ....and you insist on treating me differently...
Mayor Reid: Oh.
Commissioner Scala-Pistone:...than the rest of this Board.
Mayor Reid: I don't believe that's true. That is not true.
Commissioner Scala-Pistone: It is true. I am going to show you the different...you know,
I have a cold today and I can hardly speak. I'm waiting for medication so I can get back
home and take my medication so I can live tomorrow. But in the meantime, I am really
upset. I am totally upset because I have asked you before; I've discussed this before;
people have discussed it with you; Commissioners have discussed with you that I have
a lot of patience.....Why do I need a lot of patience if you were a decent human being?
• Mayor Reid: Now, if I may, I think I can.....
Verbatim
i Mayor Reid/Commissioner Scala-Pistone
September 30, 2003 Workshop Meeting
Page 3
Commissioner Scala-Pistone: No. I'd like you to apologize to me right now and I'd like
you not to do this anymore...
Mayor Reid: There is nothing to apologize for.
Commissioner Scala-Pistone: You promised me...you know, you keep saying "Peace"
to me and you come to me and you want to shake my hand in peace, I'd shake it with
you.
Mayor Reid: No, you didn't. Three times I've come to you, and you told me you were
independent of this Commission. You were your own independent person. You said
that to me three times.
Commissioner Scala-Pistone: No, I didn't.
Mayor Reid: You did so. That is something that's cast in stone.
Commissioner Lowe: Mr. Mayor, point of order, would you please get back to the
• meeting?
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~~ ~ g Tempers, flare at meeting
HIGHLAND BEACH -Tensions between
Mayor Thomas J. Reid and Commissioner
Rachaei Scala-Pistone erupted at Tuesday's
workshop when Scala-Pistone berated the
mayor for not letting her speak. The two
have clashed often over who has the floor
and for how long. Scala-Pistone wanted to
respond to something another
commissioner had said when Reid cut her
off, saying she'd had her turn. "Phis has
// 1
gone far enough," Scala-Pistone said.
"How dare you speak to me that way. I will
not accept your attihtde." As the mayor
attempted to cut in, Scala-Pistone said, "I'd
like you to apologize to the right now."
Reid shot back, "There's nothing to
apologize for." Commissioner Robert
Lowe then urged the two to get on with
the meeting.
• -Eliot Kleinberg
Minutes of Town Commission Workshop Meeting
September 30. 2003 Page 7 of 7
APPROVE:
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Mayor Thomas J. Reid
Vice-Mayor Michael W. Hill
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mmissioner John J. Sorrelli