2001.07.03_TC_Minutes_Regular
• TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, July 3, 2001 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, Robert L. Lowe and Rachael Scala-Pistone were present
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 at Mrs. Browner's request, presentation of the Proclamation in
• memory of her husband, Mike Browner, will be postponed until the July 31 Workshop.
There was no objection and the Agenda was unanimously approved with this item tabled.
2. PUBLIC COMMENTS AND REQUESTS
Joseph Yucht, 4748 S. Ocean Blvd., encouraged an ordinance banning the use of cell
phones while driving in Town; he noted that while A1A is under state jurisdiction, he was
in agreement with Commissioner Sorrelli, who suggested the ban at the June Workshop
Meeting, that it was incumbent upon the Town to protect its citizens. Town Attorney
Sliney advised he would address this issue under his report.
Leonard Bell, 2727 S.Ocean Blvd., asked that the Commission consider follow-up to the
issues that could be considered nuisance matters -dogs running loose on the beach,
trash on the beach, and possible removal of seaweed from the beach. Mr Bell also
referred to the "swamp" odor emanating from certain properties in Town and requested
the Commission continue to investigate a solution.
3. PRESENTATIONS
NONE.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE.
• Minutes of Town Commission Regular Meeting
July 3, 2001 _ _ _ _ Page 2 of 6
4. BOARDS AND COMMITTEES (continued)
B) BOARD VACANCIES: (1) TWO (2) ON FINANCIAL ADVISORY BOARD.
Mr. Ben Cohen (4740 S. Ocean Blvd.), retired CPA and past member of the FAB
was interviewed by the Commission and advised he would like to serve again.
Following some discussion, the following were unanimously appointed to the
Financial Advisory Board, each for athree-year term:
Ben Cohen (Motion: Commissioner Lowe/Vice Mayor Hill)
Alan Teller (Motion: Commissioner Sorrelli/Vice Mayor Hill)
(2) SEVEN (7) ON CHARTER REVIEW BOARD.
As previously agreed, the following were named to serve by choice of each
Commission member:
Commissioner Lowe:
• Commissioner Scala-Pistone:
Commissioner Sorrelli:
Vice Mayor Hill:
Mayor Reid:
Neil Burd
Miriam Zwick
James Neihoff
Joseph Yucht
Doris Trinley
Also as previously agreed, nominations followed for two (2) at large members:
Commissioner Sorrelli/Scala Pistone: Arlin Voress
Commissioner Scala-Pistone/Vice Mayor Hill: Leonard Bell
Commissioner Lowe/Vice Mayor Hill: Mary Ann Salibello
Roll call resulted in unanimous favorable vote for Messrs. Voress and Bell, thus
eliminating roll call on the Salibello nomination.
For the record, Attorney Sliney noted that the Charter calls for review every 10
years (the last being finalized by adoption of Ordinance No. 636 in 1993); he also
suggested the Commission give direction to the members, advising of a start/finish
date and any articles/sections that warranted particular attention. Mr. Sliney was
requested to submit a draft communication in this regard.
C) BOARD ACTION REPORT: The BAR was read into the record by Mayor
Reid.
•
• Minutes of Town Commission Regular Meeting
July 3. 2001 Page 3 of 6
4. BOARDS AND COMMITTEES (continued)
D) MONTHLY BOARD MEETINGS: The Mayor also read Board meetings
scheduled for the month of July into the record.
5. PROPOSED ORDINANCES AND RESOLUTIONS
(1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING SECTION 23-7(c)(1)(A) "TEMPORARY SIGNS."
(first reading 6/5/01; published 6/19/01)
After final reading, it was noted that Attorney Sliney had amended the ordinance as
requested (see Minutes of June 26 Workshop). Upon MOTION by VICE MAYOR
HILL/COMMISSIONER SCALA-PISTONE, the ordinance was approved by unanimous
favorable roll call vote.
(2) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
CREATING CHAPTER 32, ENTITLED "TELECOMMUNICATIONS;"
PROVIDING THE TERMS AND CONDITIONS FOR THE ERECTING,
• CONSTRUCTING AND MAINTAINING OF A TELECOMMUNICATIONS
FACILITY IN THE TOWN'S PUBLIC RIGHTS OF WAY FOR THE
PROVISION OF TELECOMMUNICATIONS SERVICE; PROVIDING FOR
CODIF{CATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SAVINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (first reading 6/5/01; published 6/19/01)
(3) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FOR THE
PURPOSE OF ADJUSTING THE TOWN'S LOCAL COMMUNICATIONS
SERVICES TAX RATE IN ACCORDANCE WITH FLORIDA'S
COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT; PROVIDING
A CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
(4) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH FOR THE
PURPOSE OF ADJUSTING THE TOWN'S LOCAL COMMUNICATIONS
SERVICES TAX RATE IN ACCORDANCE WITH SECTION 337.401(3)(c)1,
FLORIDA STATUTES, PROVIDING A CONFLICT CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
LJ
Town Commission Regular Meeting Agenda
July_ 3, 2001 Page 4 of 6
• 5. PROPOSED ORDINANCES AND RESOLUTIONS (continued)
Attorney Jorge Cruz-Bustillo of Leibowitz & Associates was present to discuss the
Telecommunications Ordinance [(2)], and the corresponding Resolutions [(3) and (4)].
Questions were answered to the Commission's satisfaction, with Resolution number (3)
being noted as tax-related and Resolution number (4) relating to waiving of permit fees.
It was also noted the Town would receive approximately $60,000 in additional revenues
because of this change.
After final reading and upon MOTION by VICE MAYOR HILL/COMMISSIONER LOWE,
the Telecommunications Ordinance was unanimously approved upon roll call vote.
Upon MOTION by VICE MAYOR HILL/COMMISSIONER LOWE, Resolution number (3)
was unanimously approved; upon MOTION by VICE MAYOR HILL/COMMISSIONER
LOWE Resolution number (4) was also unanimously approved.
(5) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE TOWN OF
HIGHLAND BEACH, ENTITLED "BEACHES AND BOATS," BY ADDING A NEW
SECTION ENTITLED "LITTERING." (first reading)
There was no discussion of this proposed ordinance.
• 6. NEW BUSINESS
NONE.
7. MISCELLANEOUS -ITEMS LEFT OVER
The following sets of Minutes were unanimously approved upon MOTION by
COMMISSIONER LOWE/COMMISSIONER SCALA-PISTONE:
MAY 29, 2001 - WORKSHOP MEETING
JUNE 5, 2001 - REGULAR MEETING
8. REPORTS -TOWN COMMISSION
Commissioner Rachael Scala-Pistone had no report.
Commisioner Robert L. Lowe had no report.
Commissioner John J. Sorrelli had no report.
Vice Mayor Michael W. Hill had no report.
. Mayor Thomas J. Reid advised he planned to have a draft proposal for the writing of
the Town's history ready for the July Workshop.
Minutes of Town Commission Regular Meeting
July 3. 2001 Page 5 of 6
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney responded to the discussion prompted by
Commissioner Sorrelli's suggestion that the Town adopt an ordinance banning the use
of cell phones by the drivers of moving vehicles. Mr. Sliney reiterated that because the
Town's main road, A1A, is a state road, the Town would have no jurisdiction to ban the
use of cell phones; in this regard he read into the record an article from the June 28,
2001 issue of The Palm Beach Post (attached to and made part of these Minutes).
Rather, Mr. Sliney suggested the adoption of a resolution requesting the Town's state
representatives to sponsor legislation calling for astate-wide ban on the use of cell
phones by the drivers of moving vehicles. After substantial deliberation, MOTION was
made by VICE MAYOR HILL/COMMISSIONER LOWE that Mr. Sliney draft such a
resolution for consideration.
10. REPORTS -TOWN MANAGER
Town Manager Ben Saag had no report.
11. CONSENT AGENDA
• The following Consent Agenda items were unanimously approved upon MOTION by
VICE MAYOR HILL/COMMISSIONER LOWE:
(1) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH RECOGNIZING
THE PRESENCE OF A MUNICIPAL LIBRARY AND EXPRESSING SUPPORT OF
SAME.
(2) AWARD OF REVERSE 911 CONTRACT TO DIALOGIC, INC.
12. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor Reid
adjourned the Regular Meeting at 2:45 P.M. upon MOTION by COMMISSIONER
SORRELLI/VICE MAYOR HILL.
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• Minutes of Town Commission Regular Meeting
July 3, 2001 Page 6 of 6
APPROVE:
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Thomas J. Reid, Mayor
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Michael W. Hill, Vice Mayor
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Jo J. Sorrelli, C missioner
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Attest:
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Kachael Scala-Nistone