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2003.10.14_TC_Minutes_Regular7~ TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday. October 14, 2003 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 Michael W. Hill, and Commissioners John J. Sorrelli and Rachael Scala-Pistone were present. Commissioner Robert L. Lowe was absent. 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 • Hearing no objection, Mayor Reid declared the Agenda accepted as presented. * INTRODUCTION OF NEW POLICE OFFICERS Newly hired Police Officers Richard Carl and Robert Davy, both previously with the Palm Beach County Sheriff's Office, introduced themselves to the Commission and gave background information on themselves. They were welcomed and wished good luck in their police work. 2. PUBLIC COMMENTS AND REQUESTS Jean Ellis, 4205 S. Ocean Blvd., again expressed her displeasure with tractors being used to clean the beach. (See Minutes of September 2). John Falcone, Edgewater Townhomes, read a prepared statement regarding his concerns over the work being done on A1A by the Department of Transportation (copy attached to and made part of these Minutes). Joseph Yucht, Boca Hi, again expressed his frustration at DOT's failure to install flashing lights at pedestrian crossings to alert drivers of vehicles to residents traversing A1A . Referring to the September 30 Workshop Meeting, Mr. Yucht also noted that, in his opinion, a public apology to Commissioner Scala-Pistone from Mayor Reid was in order. Minutes of Town Commission Regular Meeting October 14. 2003 Page 2 of 7 2. PUBLIC COMMENTS AND REQUESTS (continued) Planning Board Chair Harold Hagelmann, Boca Hi, requested access to current information regarding the Ocean Cove boat dockage dispute, reasoning that the Planning Board first approved the project and, therefore, should be kept up-to-date on what has transpired since. Attorney Sliney responded that the request was not unreasonable as the information was public record; however, he cautioned that all concerned parties were trying to settle their differences amicably and it would be prudent to allow them to continue at their own pace. David Daly, Edgewater Townhomes, questioned the origin of the trees planted ion the swale in front of his home, and was given information on the now defunct "Greening of A1A" program, which included that the DOT had never sanctioned the program and no permitting was required. Mr. Daly then requested that DOT remove the existing trees and replace with palm trees, as he had noted on other Town properties. (Note: While palms had been planted in some areas, no trees had been removed to accommodate the palms.) Mr. Saag responded that he would present the request to the DOT Project Engineer. • 3. PRESENTATIONS NONE. 4. BOARDS AND COMMITTEES * REINTRODUCTION OF TALENT BANK APPLICANTS At the Commission's request, because their first interviews took place some time ago, the following residents reintroduced themselves: David Yarosh Beverly Barr Robert Silverberg Max Engel could not attend due to a schedule conflict. A) BOARD CORRESPONDENCE: Letter from Marianne Salibello The Mayor noted a letter Marianne Salibello, Chair of the Financial Advisory Board requesting reappointment to that Board. B) BOARD VACANCIES: One (1) on Financial Advisory Board (Marianne Salibello eligible for reappointment); One (1) on Planning Board. • Minutes of Town Commission Regular Meeting October 14. 2003 Page 3 of 7 4. BOARD AND COMMITTEES (continued) MOTION by COMMISSIONER SORRELLINICE MAYOR HILL to reappoint Marianne Salibello to the Financial Advisory Board was made for discussion purposes. All agreed that Ms. Salibello's work on and for the Board was excellent; however, when Resolution No. 783 was approved in December 2001 to except FAB members from the 6-year term limit, there was a lack of Talent Bank Applicants for this Board, so the exception at that time was a necessity. At this time, however, there were some applicants who had listed the FAB as their preference; therefore, the exception was unnecessary. Concluding discussion, which included that Ms. Salibello apply for another Board if she so desired, roll call was taken on the MOTION: Commissioner Scala-Pistone - No Commissioner Sorrelli -Yes Vice Mayor Hill - No Mayor Reid -Yes At Vice Mayor Hill's suggestion, it was agreed to re-vote this Motion when the Commission has a full complement of members in attendance. • Upon MOTION by COMMISSIONER SCALA-PISTONENICE MAYOR HILL, followed by favorable roll call vote, Robert Silverberg was appointed to a 3-year term on the Planning Board. C) BOARD ACTION REPORT: Not Addressed. D) MONTHLY BOARD MEETINGS: Planning Board Regular - 10/8/03 - 9:30 A.M. Board of Adjustment - Qtrly - 10/21/03 - 9:30 A.M. Code Enforcement Board - Qtrly- 10/15/03 - 9:30 A.M. Financial Advisory Board -None Scheduled - 9:30 A.M. Building Fee Ad Hoc - 10/23/03 - 9:00 A.M. 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. • Resolution was approved upon MOTION by COMMISSIONER SORRELLINICE MAYOR HILL, followed by unanimous roll call vote. • Minutes of Town Commission Regular Meeting October 14. 2003 Page 4 of 7 5. PROPOSED ORDINANCES AND RESOLUTIONS (continued) (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. Upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER SCALA-PISTONE, this Resolution was approved by unanimous roll call vote. 3) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH ESTABLISHING BEACHES ADVISORY BOARD, AND DEFINING THE COMPOSITION, TERMS, AND RESPONSIBILITIES OF THE BOARD. Following unanimous rol{ call vote, this Resolution was approved upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER SCALA-PISTONE. • Note: Copy of each Resolution attached to and made part of these Minutes. 6. NEW BUSINESS (1) DISCUSSION REGARDING AMENDMENT TO AUTHOR'S CONTRACT RE: TOWN HISTORY BOOK This issue had been a topic for discussion at the September 16 Special Meeting and Attorney Sliney had drawn the amendment to all parties' satisfaction. It was approved upon MOTION by VICE MAYOR HILL/COMMISSIONER SCALA-PISTONE, followed by unanimous favorable vote. 7. MISCELLANEOUS -ITEMS LEFT OVER (1) CONSIDERATION OF SALARY SURVEY AND PAY GRADE ANALYSIS/RECOMMENDATION (JIM WICK/DOGWOOD CONSULTING GROUP) Mr. Wick answered several questions posed by Commissioner Scala-Pistone to her satisfaction, and upon MOTION by VICE MAYOR HILL/COMMISSIONER SORRELLI, the Salary Survey and Pay Grade Analysis was unanimously approved by roll call vote. • . Minutes of Town Commission Regular Meeting October 14, 2003 Page 5 of 7 7. MISCELLANEOUS -ITEMS LEFT OVER (continued) (2) MINUTES FOR APPROVAL The following sets of Minutes were unanimously approved upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER SCALA-PISTONE: AUGUST 26, 2003 WORKSHOP MEETING SEPTEMBER 2, 2003 SPECIAL MEETING (R.O. PLANT TOUR) SEPTEMBER 2,2003 REGULAR MEETING SEPTEMBER 5, 2003 PUBLIC HEARING (2003/2004 FY BUDGET) SEPTEMBER 16, 2003 SPECIAL (HISTORY BOOK) SEPTEMBER 16, 2003 PUBLIC HEARING/SPECIAL MEETING (BUDGET) 8. REPORTS -TOWN COMMISSION Commissioner Rachael Scala-Pistone, in response to Harold Hagelmann's request regarding the Ocean Cove dock dispute, said she was in agreement with the Town Attorney's remarks in that the parties involved were trying to settle their differences • out of court. Commissioner Scala-Pistone questioned Mr. Sliney regarding the status of the Luxury Development property (Azure/3200 S. Ocean Blvd), which he said would be covered under his report; the Commissioner also noted her enthusiasm that the Beaches Advisory Board had been approved and looked forward to their addressing issues such as mechanical beach cleaning and dune resoration. Perthe Town Attorney's direction, the conclusion of Commissioner Scala-Pistone's report is noted below, verbatim: "And I do have aresponse - I am glad that Mr. Yucht mentioned my feelings at last month's - I think it was two weeks ago - at the meeting that we had - Commission Meeting - and I do feel that the Mayor has created a hostile work environment for me, and it's not acceptable behavior as far as I'm concerned. I only ask that he do one thing, and that.is that he treat me with same respect that he has given and shown my colleagues on the Board. And that is my report." U • Minutes of Town Commission Regular Meeting October 14, 2003 Page fi of 7 8. REPORTS -TOWN COMMISSION (continued) Commissioner Robert LLowe -absent. Commissioner John J. Sorrelli had no report. Vice Mayor Michael W. Hill had no report. Mayor Thomas J. Reid referred to resident Seymour Strauss' idea to forma "Highland Beach Orchestra," and hoped the Commission would agree to just a letter of support - no funding involved. 9. REPORTS -TOWN ATTORNEY Town Attorney Thomas E. Sliney reported on the status of the Azure property (Luxury Developers, 3200 S. Ocean Blvd.) advising that following the Commission's decision not to extend the building permit and the time to build, the property owner had filed a Notice of Appeal. Also, the Code Enforcement Board had issued orders regarding the condition of the property, and a Notice of Appeal had also been filed in this regard. Mr. Sliney • advised he would would update the Commission when there was more information available. 10. REPORTS -TOWN MANAGER Town Manager Ben Saag advised of a pre-bid conference for construction of the new library on Octoer 15, 2003 at 2:00 P.M. Referring to the two new Boards approved today -Public Safety Advisory and Beach Advisory - Mr. Saag suggested a Special Workshop prior to the November 4 Regular Meeting, specifically to interview those applicants who had expressed interest in serving on either Board. The Commission agreed. Before addressing the next agenda item, Mayor Reid asked the members to give their thoughts on a letter of support for the Highland Beach Orchestra. Commissioner Scala- Pistone voiced her objection, referring to a recent resident request for support of a neighbor-helping-neighbor program which was turned down because, while a worthy cause, the Commission agreed it was not a function of municipal government; the Commissioner felt the same about this issue. The Town Attorney noted the distinction between a public purpose and what you can do and what is permissable; although this cause would be permissable, it would not be advisable as such an action would invite similar requests. • Minutes of Town Commission Regular Meeting October 14, 2003 Page 7 of 7 11. CONSENT AGENDA NONE. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Joseph Yucht, Boca Hi, questioned the status of a second story being considered for the new library. Mr. Saag replied that the architect and engineers were reviewing plans to see if this was feasible; not only pilings, but roof structure, windows, doors, etc., must also be considered. As regards DOT plans for landscaping, Mr. Yucht remembered a meeting with the DOT whn such plans were "wrapped around" the Commission Chambers that may or may not be available; he suggested the Commission look into the issue. 13. ADJOURNMENT There being no further business to come beforethe Commission at this time, Mayor Reid • adjourned the Regular Meeting at 3:10 P.M. upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER SCALA-PISTONE. dmt APPROVE: 7 l~~.v~ _ . _ _._ Thomas J. Reid, Mayor Michael W. Hill, Vice Mayor -ABSENT- John J. Sor i, Commissioner . _ rt L. Lo omr~r issioner -- ~~~~~~ ~ Rachael Scala-Pistone, Commissioner Attest: ~ ~~ . D te: zoo j