2000.08.01_TC_Minutes_Special• TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
PUBLIC HEARING/SPECIAL MEETING
Tuesday, August 01, 2000 2.20 P.M.
Mayor Thomas J. Reid called the Public Hearing/Special Meeting to order in Commission
Chambers, immediately following the Regular Meeting, advising its purpose was as
follows:
CONSIDER SETTLEMENT RELATED TO LITIGATION PENDING
AGAINST THE TOWN FILED BY MARY ANN MARIANO, DOCKET 98-
8808 CIV-FERGUSON, UNITED STATES DISTRICT COURT, SOUTHERN
DISTRICT OF FLORIDA.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Michael W. Hill, and
Commissioners John J. Sorrelli, Paul R. Kane, and Robert L. Lowe were present.
Town Attorneys Thomas E. Sliney and Larry Corman were also present, as was Town
Manager Ben Saag. Michael T. Burke, attorney for the Town's carrier, Titan Insurance
• Co., was present, as were members of the general public.
After roll call, the Pledge of Allegiance was given.
Attorney Burke gave a review of the proposed settlement, advising Ms. Mariano had
agreed to the following terms:
$200,000.00 lump sum by Titan Insurance Co.
$200,000.00 lump sum by the Town of Highland Beach
$858.14 monthly annuity, for 10 years, beginning 1/1/2001,
by Titan Insurance Co.
There was substantial discussion regarding possible tax repercussions, with Mr. Burke
advising that Ms. Mariano had agreed to carry any tax burden on the monies received.
Mayor Reid then opened the Public Hearing, and the following residents spoke in favor
of settlement:
The Honorable James F. Niehoff (Retired New York Supreme Court Judge), 3212
S.Ocean Blvd., Board of Adjustment Chairman
Alfred E. Bresnahan, 3310 S. Ocean Blvd., Planning Board Chairman
S. Myron Browner, 4740 S. Ocean Blvd., Member, Financial, Advisory Board
• Victor P. Hadeed, 3201 S. Ocean Blvd., Board of Adjustment Vice Chairman
Herbert J. Lewin, 4740 S. Ocean Blvd., Member, Code Enforcement Board
• Minutes of Town Commission Public Hearing/Special Meeting
August 01, 2000 Page 2 of 3
Hearing no further comments, Mayor Reid closed the Public Hearing and recessed the
proceedings at 3:00 P.M., reconvening at 3:10 P.M. to commence the Commission's
consideration of the settlement terms.
Attorney Corman summarized various aspects of the litigation, addressing the pros and
cons of a jury trial, and concluding that what the Commission ultimately faced was a risk
management and cost -benefit analysis decision.
After some discussion centering on possible tax scenarios, which were addressed by
Attorney Burke, MOTION to accept the settlement was made by COMMISSIONER
SORRELLI/COMMISSIONER LOWE, followed by further discussion.
Vice Mayor Hill stated that he did not think the Town's contribution of the settlement was
reasonable; he suggested $50,000 would be a more reasonable amount; he further
stated that in his opinion the cost allocation between the insurance company and the
Town was not particularly fair to the Town. The Vice Mayor also noted that the amount
of the settlement could set a precedent which might encourage litigious action by
employees in the future.
• Concluding discussion, during which Commission members were invited to state their
views and attorneys were questioned as to related matters of the litigation, Mayor Reid
called for a roll call vote, with results as follows:
Commissioner Lowe ..... Yes
Commissioner Kane ..... Yes
Commissioner Sorrelli..... Yes
Vice Mayor Hill ..... No
Mayor Reid ..... Yes
Attorney Burke advised that although settlement was approved by the Commission, there
would be no conclusion to the litigation until Ms. Mariano, as well as a representative of
the Town, had signed certain legal documents, and those documents were approved by
the court, a process that would take approximately ten (10) days. In order to expedite
this process on the Town's behalf, MOTION was made by COMMISSIONER
SORRELLI/COMMISSIONER KANE, that either the Mayor, Vice Mayor or Town
Manager, depending on availability, sign for the Town. Motion met with unanimous
favorable vote.
Attorney Sliney next addressed former Vice Mayor John F. Rand's request for
reimbursement of personal attorneys fees related to this litigation, contingent upon
verification of expenses. It was agreed that, per Mr. Rand's request, $3276.28 be
• Minutes of Town Commission Public Hearing/Special Meeting
August 01, 2000 Page 3 of 3
reimbursed, contingent upon receipt of required verification, and MOTION made by
COMMISSIONER SORRELLI/COMMISSIONER LOWE met with unanimous favorable
vote.
There being no further business to come before the Commission at this time, Mayor Reid
adjourned the Public Hearing/Special Meeting at 3:55 P.M. upon MOTION by
COMMISSIONER SORRELLINICE MAYOR HILL.
dmt
NOTE: Copy of Meeting Schedule, and John F. Rand's request for
reimbursement, attached to and made part of these Minutes.
APPROVE:
Thomas J. Reid, Mayor
Michae . Hill Vice Mayor
J&fi J. Sorrel1it,ommissioner
Paul R. Kane, Commissioner
1 J4SCkli
Robert L. Lowe, Commissioner
Attest:
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