2003.12.02_TC_Minutes_Regular
TOWN OF HIGHLAND BEACH
• MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, December 2. 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
Mayor Reid advised that Representative Clay Shaw would be detained until
• approximately 2:30 P.M. and would give his Presentation upon arrival. The Agenda was
so amended without objection.
2. PUBLIC COMMENTS AND REQUESTS
Turtle Program Coordinator Jose Echeverria, ,Russell Drive, thanked the program
volunteers for their dedicated efforts and again gave nesting totals for the season. He
also advised that the U.S. Marine Holiday Program "Toys for Tots" would get underway
shortly.
Judy Asselta, Casuarina, thanked Commissioner Scala-Pistone for the time and research
she has spent on the "people's business," particularly on the Azure property (see
Minutes of November 25). Addressing the Mayor's concern regarding the use of
Eminent Domain to acquire the property, Mrs. Asselta said "police power" was
legitimately within the purview of a government body. Mrs. Asselta further expressed her
disappointment regarding Vice Mayor Hill's suggested limit of 5-minute rounds for
Commission reports, saying, in her opinion, each Commissioner should take as much
time as needed to convey their thoughts, after which the floor would be opened for
discussion.
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Minutes of Town Commission Regular Meeting
December 2. 2003 Page 2 of 6
2. PUBLIC REQUESTS AND COMMENTS (continued)
Joe Yucht, Boca Hi, said he was anxious to hear Vice Mayor Hill's suggestion regarding
modification of Commission report timing. Mr. Yucht also said he had met with
representatives of DOT to itemize concerns/complaints on the A1A work, including the
retention "ponds" installed for drainage, and asked for the status of the town letter which
was to be sent to the DOT expressing dissatisfaction with the project outcome..
Mitchell Afrow, Penthouse Highlands, asked when the bicyclists were going to get off the
path and into the bike lanes; he advised of a dangerous piece of roadway in front of St.
Lucy's Church where there was no grass area separating the sidewalk from the roadway;
and also commented on the trash accumulating at the eastern edge of Coronado's
mangrove property.
Jim Newill, Villa Costa, also had questions regarding bicyclists' rights; Attorney Sliney
responded, advising Sgt. Rieger and Attorney Jarrett Cooper will research and give a
report shortly.
Felix Goldenson, Seagate, gave his opinion regarding an audience member's remarks
after Commissioner Scala-Pistone's November 25 report on the Azure property, saying
the remarks were a personal attack on Mayor Reid, who had disagreed with the
Commissioner's stance.
Pat Kain, Ocean Pines, read a prepared statement which touched on several subjects,
including that a time limit not be put on Commission reports, exploring the possibility of
taking over the Azure property, and the Ocean Cove dock issue. CCary q-TTa~f/-E' D~
3. PRESENTATIONS
THE HONORABLE E. CLAY SHAW, U.S. REPRESENTATIVE, DISTRICT 22.
Deferred until Representative Shaw's arrival.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE.
B) BOARD VACANCIES: One (1) on Board of Adjustment.
It was the consensus to address this vacancy when all Commission members were
present.
C) BOARD ACTION REPORT: Accepted as information.
Minutes of Town Commission Regular Meeting
• December 2, 2003 Page 3 of 6
4. BOARDS AND COMMITTEES (continued)
D) MONTHLY BOARD MEETINGS were noted as follows:
Planning Board Regular - 12/10/03 - 9:30 A.M.
Board of Adjustment -None Scheduled.
Code Enforcement Board - 12/3/03 -Special (Azure) - 9:30 A.M.
Financial Advisory Board -None Scheduled.
Building Fee Ad Hoc -None Scheduled.
5. PROPOSED ORDINANCES AND RESOLUTIONS
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SETTING
SALARIES OF COMMISSIONERS AND MAYOR. (first reading)
Upon MOTION by VICE MAYOR HILL/COMMISSIONER SCALA-PISTONE, this
proposed ordinance, by unanimous favorab{e vote, was carried over for consideration
at the next Regular Meeting (January 6, 2004).
6. NEW BUSINESS
• NONE.
7. MISCELLANEOUS -ITEMS LEFT OVER
(1) MINUTES FOR APPROVAL
Upon MOTION by VICE MAYOR HILL/COMMISSIONER SORRELLI, the following sets
of Minutes were unanimously approved:
OCTOBER 28, 2003 WORKSHOP MEETING
NOVEMBER 4, 2003 SPECIAL WORKSHOP MEETING (INTERVIEWS
FOR NEW ADVISORY BOARDS: PUBLIC SAFETY AND
BEACHES)
NOVEMBER 4, 2003 REGULAR MEETING
(2) DISCUSSION RE: - DR. SEYMOUR STRAUSS -REQUEST FOR
FUNDING OF CHAMBER ORCHESTRA.
Upon MOTION by COMMISSIONER SORRELLIIVICE MAYOR HILL, funding of $5,000
was approved by majority vote, with Commissioner Scala-Pistone dissenting because
she felt it would set a precedent for others to ask for Town monies to fund their project.
Minutes of Town Commissioner Regular Meeting
• December 2. 2003 Page 4 of 6
8. REPORTS -TOWN COMMISSION
Commissioner Rachael Scala-Pistone had no report; however, she did request that the
members give some thought to her suggestion of Eminent Domain regarding the Azure
property, as she planned to bring the subject up again in the future.
Commissioner John J. Sorrelli had no report.
Vice Mayor Michael W. Hill addressed the Eminent Domain/Town Park issue (Azure
property); he referred to a straw ballot and park survey done about 10 years ago, which
was soundly defeated by the residents. The Vice Mayor then advised of the Eminent
Domain process, indicating it was a complex legal procedure.
Referring to his suggestion of modifications regarding Commission procedures relating
to timing of Commission reports, Vice Mayor Hill proposed initial individual Commission
reports be accomplished in "reasonable" (approximately 5+ minutes or so) time, then,
after fellow Commissioners have taken their turns, have a second "round" (or more, if
necessary) to finish up. The Vice Mayor submitted that this would be a more equitable
and interesting way for members to express their thoughts.
• Mayor Thomas J. Reid noted that the County has plans for a park at the south end of
Town, and stated he had not veered from his negative stance on the use of Eminent
Domain (Azure property).
The Mayor also agreed with Vice Mayor Hill's suggestion regarding Commission report
"rounds," and thus followed a lengthy discussion among the members as to the efficiency
and fairness of such a system. In conclusion, it was the consensus that Vice Mayor Hill's
suggestion be implemented, with the Mayor, Vice Mayor and Commissioner Sorrelli in
favor; Commissioner Scala-Pistone reluctantly agreed, though she feared the "continuity"
of the reports would be jeopardized.
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
3. PRESENTATIONS
THE HONORABLE E. CLAY SHAW, U.S. REPRESENTATIVE, DISTRICT 22
Representative Shaw arrived at approximately 2:35 P.M. and was warmly welcomed.
He touched on a variety of federal government topics which included the medicare
prescription drug bill, the energy bill and the war in Iraq. Representative Shaw then took
• questions/comments from the Commission and those in the audience, and said he welcomed
Minutes of Town Commission Regular Meeting
December 2. 2003 Page 5 of 6
•
his constituents to contact his office if they felt there was an issue with which he might
be of assistance. Representative Shaw also complimented the Commission on their
policy of providing a bipartisan forum for political candidates through invitation(s) to
speak at Commission meetings.
10. REPORTS -TOWN MANAGER
Town Manager Ben Saag responded to Mr. Yucht's question regarding the status of the
Town letter to the DOT (see Public Comments), advising the letter had been written and
as yet had been unanswered.
11. CONSENT AGENDA
Upon MOTION by COMMISSIONER SORRELLI/VICE MAYOR HILL, the following
Consent Agenda items were unanimously approved:
(1) AWARD OF CONTRACT FOR CONSTRUCTION OF MUNICIPAL LIBRARY
FACILITY, INCLUDING ALTERNATES TWO (RETAINING WALL) AND
THREE (LOCKS) TO BUTLER CONSTRUCTION OF WEST PALM BEACH.
• (2) APPROVAL OF LIBRARY CONSTRUCTION LOAN WITH BANK OF
AMERICA.
(3) APPROVAL OF ENGINEERING CONTRACT FOR SIDE STREETS
IMPROVEMENTS TO SHALLOWAY ENGINEERING, INC.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Harold Hagelmann, Boca Hi, stated he felt the Commission members should be goven
thr amount of time needed to get their position(s) across.
Seymour Strauss, Boca Hi, responded to Commissioner Scala-Pistone's "no" vote as to
funding of the Chamber orchestra, saying he held no hard feelings.
Judy Asselta, Casuarina, said while she favored the Commission members having
"rounds" to speak for a reasonable time, items being addressed by an individual member
which appear on an agenda should not have a time limit. Regarding Vice Mayor Hill's
remarks regarding the decade-old straw ballot/survey voting down a Town park, Mrs.
Asselta said now that the Town is almost built out, residents may have a different
attitude.
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Minutes of Town Commission Regular Meeting
December 2. 2003 Page 6 of 6
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor Reid
adjourned the Regular Meeting at 3:35 P.M. upon MOTION by VICE MAYOR
HILL/COMMISSIONER SCALA-PISTONE.
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APPROVE:
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Thomas J. Reid, Mayor
,~,r~hn J. r hi, Commissioner
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Michael W. Hill, Vice Mayor
-Absent-
Robert L. Lowe, Commissone~~- --
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Rachael
Attest:
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