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1998.02.24_TC_Minutes_Workshop• * ~ ,' 4 • TOWN OF HIGHLAND BEACH, FLORIDA MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesdav, February 24, 1998 1.30 P M Mayor Arlin G. Voress called the Workshop Meeting to order in Commission Chambers at 1:30 p.m. Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor John F. Rand, and Commissioners David Augenstein, Thomas J. Reid and Michael W. Hill were present. Town Attorney Thomas E. Sliney and Town Manager Mary Ann Mariano were also present, as were members of the general public. Following roll call, the Pledge of Allegiance was given ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Upon MOTION by COMMISSIONER REID/COMMISSIONER HILL, the Agenda was unanimously approved to include a reading of two (2) proposed resolutions, i.e., (1) funding for statewide beach management, and (2) the March 10, 1998 election for one Commission seat being • unnecessary as the only qualified candidate, John J. Sorrelli, was unopposed. Mayor Voress gave an explanation of each. PUBLIC COMMENTS AND REQUESTS Victor Hadeed (3201 S. Ocean Blvd.), James Niehoff (3212 S. Ocean Blvd.), Felix Goldenson (3224 S. Ocean Blvd.) and Leonard Bell (2727 S. Ocean Blvd.) expressed their good wishes to Mayor Voress regarding dismissal of alleged sunshine law violations. (Copy of Judge Niehoff's prepared statement is attached to and made part of these Minutes) BOARD AND COMMITTEES There were no Board vacancies or correspondence to consider. PROPOSED ORDINANCES AND RESOLUTION AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE NO. 659, WHICH APPROPRIATED FUNDS FOR THE FISCAL YEAR 1996/1997, WHICH BEGAN OCTOBER 1, 1996 AND WILL END SEPTEMBER 30, 1997 (first reading 02/03/98; published 02/13/98) There was no discussion of this proposed ordinance, which will be given final reading at the March 03, 1998 Regular Meeting. t • Minutes of Town Commission Meeting February 24, 1998 Workshop Meeting Paae 2 of 4 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, URGING THE 1998 FLORIDA LEGISLATURE TO PASS HB 3427 AND SB 882 WHICH PROVIDES A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING THE ELECTION FOR ONE (1) COMMISSION SEAT TO HAVE BEEN HELD ON THE 10TH DAY OF MARCH 1998 TO BE UNNECESSARY SINCE THE ONLY CANDIDATE WHO QUALIFIED IS UNOPPOSED. It was the consensus to move both proposed resolutions to the March 03, 1998 Regular Agenda for further consideration and possible adoption. MISCELLANEOUS - ITEMS LEFT OVER Four (4) sets of Meeting Minutes were moved to the March 3, 1998 Regular Meeting for further consideration and possible approval: January 27, 1998 - Workshop Meeting February 03, 1998 - Regular Meeting • February 18, 1998 _ Special Meeting February 18, 1998 Special Workshop Meeting REPORTS - TOWN COMMISSION Vice Mayor John F. Rand had no report. Commissioner David Augenstein gave details of a decorative two- faced clock which was suggested by Mayor Voress to be installed in front of Town Hall for the Town's 50th anniversary in 1999; same was moved to the March 3 Regular Agenda for further consideration and possible approval. Commissioner Augenstein also advised that he had located an appropriate drinking fountain to be placed near the bike path. Commissioner Thomas J. Reid had no report. Commissioner Michael W. Hill asked that the clock in Town Chambers be set exactly to the right time to ensure that voters who cast ballots near the 7:00 P.M. closing of the polls for the March 10, 1998 Municipal Elections can be accommodated. Mayor Arlin G. Voress reported on several issues: .Wednesday, March 18, 1998, has been set to dedicate the new Town facilities. (It was agreed the Town Manager would give • further details under her report.) :, ,, ., .t • Minutes of Town Commissioner Meeting February 24, 1998 Workshop Meeting Paae 3 of 4 .A request for a letter from the Mayor by the Criminal Justice Commission approving the distribution of certain funds for the State's Anti-Drug Abuse Act Grant. It was the consensus that such letter be prepared for mailing. .The yearly report from the Utilities Department has been received and is available for review in Town Hall. .A "Palm Beach County Day" showcasing the County will be held in Tallahassee on March 5; other programs are scheduled for March 3 and 4. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney discussed correspondence from Sprint regarding their lease offer for the use of Town facilities for telecommunications purposes. Mr. Sliney also discussed correspondence from PrimeCo, which declined the use of Town facilities for the same purpose. On Mr. Sliney's advice, it was the consensus to move both issues to the March 3 Regular Agenda for further consideration and possible action. Mr. Sliney also advised of Department of Community Affairs approval • of the Evaluation and Appraisal Report (EAR) pertaining to the Town's Comprehensive Plan; he said the Commission can now go forward to consider adoption of Comp Plan amendments, and a letter would be requested from Jim Park of Gee & Jenson advising of the Public Hearing procedure in this regard. REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano reported on several issues: .Regarding the March 18 dedication, hours will be 10:00 A.M. to 2:00 P.M., with the Dedication Ceremony at 11:00 A.M; St . Lucy Pastor Gerald Grace will give the invocation and the St. Lucy lot will be available for overflow parking; refreshments will be served; invitations will be sent March 4 in the same delivery fashion as the Newsletter, i.e. bulk to condominiums and individual mailings to others; promotional items have been ordered. .Department of Commerce census figures have been received; population estimate for the Town is 3,285, up 76 people from the 1990 census. .Friends of the Library will host a program February 25, featuring "Famous Photographs and the Stories Behind Them," with Guest Speaker Arnold H. Drapkin, who served many years on TIME's Editorial Board and retired as its Picture Editor. . , • Minutes of Town Commission Meeting February 24, 1998 Workshop Meeting Page 4 of 4 .T-shirts relating to Highland Beach Recycling efforts have been provided by Solid Waste Authority; shirts for the Commission have been distributed. .The Building Official is assisting The Yacht Club at Highland Beach in its efforts to convert from a rental to a sales project. OTHER Talent Bank Applicant Harold Hagelman, 4748 S. Ocean Blvd., was interviewed by the Commission; Mr. Hagelman said that although his preference was the Planning Board, he would serve on any Board to which he was appointed. There being no further business to come before the Commission at this time, Mayor Voress adjourned the Workshop Meeting at 2:35 P.M. upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER HILL. dmt n LJ APPROVE: Arlin G. Voress, Mayor i=~~ L X PicEC ~ John F. Rand, Vice Mayor ~t ~~ David Augenste ~~ ~ ti Commissioner C~~ t3-~- ATTES -~ Thomas J. Reid, Commissioner r i --~. Michael W. Hill, Commissioner Y' ~ i ~~ COMMENTS 8Y JUDGE JAMES NIEHOFF AT THE FEBRUARY 24, 1998 WORKSHOP ME • Mr. MAYOR AND MEMBERS OF THE COMMI~>STON I JOIN WITH MY ESTEEMED FRIEND VICTOR HADEED IN CON- GRATULATING OUR MAYOR ON HIS VINDICATION. WE HAVE ALL BEEN TAUGHT THAT "ALL'S WELL THAT ENDS WELL." HOWEVER, IN YOUR CASE, MR. MAYOR, THE FAVORABLE OUT- COME CANNOT WIPE AWAY ALL THE EMOTIONAL SUFFERING THAT YOU AND LOU HAD TO ENDURE OVER A PERIOD OF MONTHS. THOSE OF US WHO CON- SIDER OURSELVES YOUR FRIENDS AND ADMIRERS FELT YOUR PAIN BUT WE WERE POWERLESS TO HELP YOU. WE HAD TO REMAIN QUIET WHILE THE PROCESS WENT FORWARD. ALL WE WOULD DO WAS TO HOPE AND PRAY THAT JUSTICE WOULD BE DONE, AND SO IT HAS. NOW WE CAN REJOICE WITH YOU, AND NOW WE CAN SPEAK OUT. WHAT I CONSIDER APPALLING IS THE FACT THAT YOU WERE UNNECESSARILY PUT THROUGH THIS HORRID ORDEAL. • AS I UNDERSTAND THE FACTS, YOU AND TWO OF THE TOWN COMMISSIONERS MET FOR LUNCH AT THE HOLIDAY INN AT WHICH TIME YOU, AS AN EXPERT ON WATER SUPPLY SYSTEMS, UNDERTOOK TO EDU- LATE THE TWO COMMISSIONERS WITH BACKGROUND MATERIAL RELATING TO A POTENTIAL WATER CONTRACT. YOUR PURPOSE WAS TO ASSIST THEM BY GIVING THEM AN UNDERSTANDING OF THE COMPLEXITIES OF THE SUB- JECT SO THAT THEY COULD BETTER PERFORM THEIR PUBLIC DUTIES. IT WAS SIMPLY A DISCUSSION OF WATER SUPPLY BACKGROUND MATERIAL. NO DECISIONS WERE MADE OR DEALS CUT. SOMETIME THEREAFTER NEWSPAPER ARTICLES APPEARED IN LOCAL PAPERS SOME OF THEM SUGGESTING, AND SOME OF THEM CLAIMING, THAT YOU WERE GUILTY OF CRIMINAL CONDUCT BY SPEAKING WITH THE Y ~ ~1 -~- • COMMISSIONERS AT THAT LUNCHEON. THE ARTICLES WERE FOLLOWED BY THE CRIMINAL CHARGE IN WHICH YOU WERE CHARGED WITH "KNOWINGLY" HAVING VIOLATED THE SUNSHINE LAW WHEN YOU LUNCHED WITH THE TWO COMMISSION- ERS. NO ONE OF THE PLAYERS SEEMS TO HAVE GIVEN A MOMENT'S THOUGHT TO THE FACT THAT THE LAW IS CLEAR THAT IT IS NOT A VIO- LATION OF THE SUNSHINE LAW FOR PUBLIC OFFICIALS TO MEET FOR THE PURPOSE OF DISCUSSIrC~ E~ACKGROUND MATERIAL. INSTEAD, THERE WAS A RUSH TO JUDGMENT, AND IN ONE OF THE PAPERS YOU WERE TRIED AND CONVICTED IN AN EDITORIAL AND BY A COLUMNIST. THE THOUGHT THAT YOU WERE ENTITLED TO A PRESUMPTION OF INNOCENCE AND THAT YOU MIGHT BE INNOCENT SEEMS NEVER TO HAVE OCCURRED TO THOSE PERSONS RESPONSIBLE FOR THOSE ARTICLES . ~ ~ ~~ ~~``J 5 ~ ~°~`'~~`'~ ~' ~~ NOTHING TRANSPIRED AT THE MEETING TO HARM THE RESIDENTS OF HIGHLAND BEACH, OR TO HAVE CONSTITUTED A CRIME. ON THE CON- TRARY, THE PUBLIC BENEFITED BY HAVING MORE KNOWLEDGEABLE COMMISS- IONERS AND YOU ARE TO BE COMMENDED - NOT CENSURED - FOR HAVING HELD THE MEETING. I HAVE BEEN TOLD THAT THERE WERE NO NEWSPAPER REPORTERS PRESENT WHEN YOU HELD THAT MEETING SO A LOGICAL CONCLUSION TO DRAW IS THAT THE PAINFUL ORDEAL TO WHICH YOU AND YOUR FAMILY WERE SUBJECTED, WAS INITIATED BY SOME NON-NEWSPAPER PERSON OR PERSONS WHO EITHER KNEW OR LEARNED OF THE MEETING. THAT PERSON OR PERSONS NAMES ARE NOT KNOWN TO ME AND, FOR WANT OF A BETTER TITLE, I WILL REFER TO THAT PERSON OR WHOSE PERSONS AS "THE #. ~, a -3- ACCUSER". IT IS "THE ACCUSER" WHO IS THE PRINCIPAL CULPRIT IN THIS SHAMEFUL SCENARIO. IT WAS "THE ACCUSER" WHO STARTED THE ODIOUS PROCESS BY WHICH YOU WERE HUNG OUT TO DRY. IT WAS "THE ACCUSER" WHO SHAMELESSLY USED THE NEWSPAPERS AS A WEAPON AGAINST YOU. WHAT MOTIVATED "THE ACCUSER" TO INFORM THE NEWSPAPERS OF THE I MEETING? ~3~' DO NOT KNOW BUT CERTAINLY IT WAS NOT A MOTIVE FRIEND- LY TO YOU. -FOR SOME REASON YOUR FACE WAS ON "THE ACCUSER'S" DART BOARD, AND REAL INJURY TO YOU WAS CONTEMPLATED. ALTHOUGH "THE ACCUSER" WAS NOT SUCCESSFUL IN HAVING YOU CONVICTED OF A CRIME AND/OR REMOVED FROM OFFICE, "THE ACCUSER" DID SUCCEED IN PUTTING YOU AND YOUR FAMILY THROUGH A TIME OF TRIBULATION~AND THAT IS A DISGRACEFUL COMMENTARY ON"THE ACCUSER'S" CHARACTER. MORE THAN 50 YEARS AGO WHEN I WAS ATTENDING COLLEGE AT • SANCTI JOANNIS BROOKLYNIENSIS (THAT'S LATIN FOR ST. JOHN'S OF BROOKLYN) A PRIEST WHO WAS TEACHING THE COURSE ON ETHICS, PRE- SENTED TO US, AS STUDENTS, AN ILLUSTRATION THAT I HAVE NEVER FOR- GOTTEN. HE ASKED US TO CONSIDER A HYPOTHETICAL SITUATION IN WHICH AN INDIVIDUAL WENT UP TO THE TOP OF THE EMPIRE STATE BUILDING WITH A PILLOW FILLED WITH GOOSE FEATHERS. HE TORE THE PILLOW CASE AND SCATTERED THE FEATHERS TO THE FOUR WINDS. THE PRIEST THEN ASKED US IF WE THOUGHT IT POSSIBLE THAT ALL OF THE FEATHERS COULD BE RETRIEVED BY THAT PERSON, IF HE SO CHOSE. THE ANSWER WAS AN OBVIOUS "NO". THE PRIEST THEN WENT ON TO TEACH US IN THE MOST EMPHATIC OF TERMS THAT IF WE WANTED TO LIVE BY HIGH ETHICAL STAND- ~. w ~~ -4- ARDS, RATHER THAN JUST JOINING THE RANKS OF THE ETHICALLY CHALL- ENGED, IT WAS VITALLY IMPORTANT THAT WE NOT LEVEL UNFOUNDED OR UNCERTAIN CHARGES AGAINST ANOTHER BECAUSE WE CAN NEVER COMPLETELY UNDO THE HARM WROUGHT BY THE ACCUSATION. MR. MAYOR, I AM SORRY FOR YOU THAT THOSE WHO ACCUSED YOU, AND THOSE WHO JUDGED YOU FALSELY, NEVER LEARNED WHAT I CALL THE "GOOSE PILLOW PRINCIPLE" OR APPLIED THAT PRINCIPLE TO THEIR ACTIONS. HAD THEY LEARNED IT AND APPLIED IT THEY WOULD HAVE BEEN MORE HONORABLE PERSONS AND YOU AND LOU WOULD HAVE BEEN SPARED THE HUMILIATION AND GRIEF OF SEEING YOU'~GOOD NAME DRAGGED THROUGH rtiu ~ THE ~ AND HAVING TO DEFEND YOURSELF AGAINST AN UNWARRANTED II~AY Y CRIMINAL CHARGE. YOU HAVE BORNE YOUR^BURDEN WITH DIGNITY AND GRACE AND I CONGRATULATE YOU. • THE RESIDENTS OF HIGHLAND BEACH ARE FORTUNATE TO HAVE YOU AS THEIR MAYOR~At~O ~ A!'~ ~ROVp Ta 3E NvMQE,2~t~ ~t1oNC~ ~ouR. F'R1EN~S.