2010.03.17_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
SPECIAL MEETING/ATTORNEY -CLIENT PRIVATE SESSION
Wednesday, March 17, 2010 10:30 AM
Mayor Jim Newill called the Special Meeting/Attorney-Client Private Session to order in
Commission Chambers at 10:30 AM.
CALL TO ORDER:
Roll Call: Members present: Mayor Jim Newill; CPA; Vice Mayor Miriam S. Zwick;
Commissioner Doris M. Trinley; Commissioner John J. Sorrelli and Commissioner John J.
Pagliaro. Also present: Town Attorney Thomas E. Sliney; Town Manager Dale S.
Sugerman; Special Town Attorney Thomas J. Baird; Town Clerk Beverly M. Brown and
the Court Reporter.
Pledge of Allegiance: The Pledge of Allegiance was stated.
Civility Pledge read into the record by Town Clerk Brown.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
None
2. PUBLIC COMMENTS AND REQUESTS:
Lucia Milani of 4612 S. Ocean Blvd.
Cam Milani of 4612 S. Ocean Blvd.
Over the last few months we have spoken with each member of the Commission
individually about the possibility of the Town and the County, through your current
settlement negotiations on the Cam D. Milani Park, entering into a purchase and sale
agreement whereby the Town would purchase the Park from the County. We also
mentioned that while we have the right of first refusal on the property, we would be
interested in negotiating an amicable solution with the Town that could best serve the
interest of the residents of Highland Beach. Such solutions could include an agreement
with us that when we exercise our first right of refusal, we will agree not to develop
the property with a density higher than that of which we have next door which are
townhomes. We will agree to only develop single family large estate lots on the
beach side of the property. Should the Town wish to have an entrance feature to its
municipality, we could make arrangements to have such entrance feature
incorporated into the development and set aside for the Town's exclusive enjoyment.
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March 17 2010 Page 2 of 4
As part of our court case in 2007, we had written to the town proposing something
similar, but had never heard back. In the alternative, should the Town not be
interested in facilitating a solution as previously described, we will be very keen on
seeing the Cam D. Milani Park developed immediately. It has been over 20 years
and such a lapse of time is unacceptable to our Family.
Lucia Milani - We would like to have an amicable solution to this contentious issue
that would benefit the taxpayers and residents.
Joe Yucht -Boca Highlands
I am not in a position to comment on the Milani proposal, but I do want to point out an
interesting fact. What is lacking is dialogue. Presently, there is a boundary dispute
between the county and Boca Highlands. All the time that this matter has been pending
before the Town, the Town has not been in contact with us. Boca Highlands is the
most affected by this development. We are affected by the traffic and the real estate
values. We are being penalized for some reason. Talk to us, see what we want. Come
see how we feel. Bring us into the picture. The Milani's are asking for an amicable
solution. Do not know why we have never been included in the discussion.
3. TOWN ATTORNEY SLINEY
Attorney Sliney stated that this was anAttorney-Client Private Session held in
accordance with Section 286.011(8) of the Florida State Statutes. The required legal ad
was published on March 4, 2010 by the Town Clerk and will be made part of the
official record. The purpose of the Private Session is for the Town Commission and
Counsel to discuss settlement negotiations or strategy related to the litigation in the
Case of Palm Beach County v. Town of Highland Beach, Case No.
502009CA024429XXXXMB, filed July 20, 2009 and in the Case of Palm Beach
County v. Town of Highland Beach, Case No. 502009CP018459XXXXMB, filed May
27, 2009,U.S. District. The entire session will be recorded by a Certified Court
Reporter. This session will last approximately ninety (90) minutes.
Attending Closed Session:
Mayor Jim Newill; CPA; Vice Mayor Miriam S. Zwick; Commissioner Doris M.
Trinley; Commissioner John J. Sorrelli and Commissioner John J. Pagliaro. Also
present: Town Attorney Thomas E. Sliney; Town Manager Dale S. Sugerman;
Special Town Attorney Thomas J. Baird; and the Court Reporter.
Mayor Newill recessed the Special Meeting at 10:45 AM to excuse the Town Clerk.
4. TERMINATION OF THE ATTORNEY-CLIENT MEETING
At the conclusion of the Attorney-Client Special Session, the Special Meeting was
Reconvened by Mayor Newill at 12:10 PM. Town Clerk Brown called the Roll.
Roll Call: Members present: Mayor Jim Newill; CPA; Vice Mayor Miriam S.
Zwick; Commissioner Doris M. Trinley; Commissioner John J. Sorrelli and
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March 17 2010 Pale 3 of 4
Commissioner John J. Pagliaro. Also present: Town Attorney Thomas E. Sliney;
Town Manager Dale S. Sugerman; Special Town Attorney Thomas J. Baird; Town
Clerk Beverly M. Brown and the Court Reporter.
Attorney Sliney - We are now back in public session, does anyone have anything
further to discuss?
5. ADMINISTERING THE OATH OF OFFICE
Oath of Office: Mayor Newill requested that Town Clerk Brown administer the Oath
of Office to Commissioner Doris M. Trinley, who signed the Oath.
Commissioner Trinley -One more time I am amazed and extremely grateful that a vote
for oneself can produce such astounding results. I am honored to be seated here today
to begin my second term as a Town Commissioner. Once again, because I faced no
opposition, a fact that I assure you will keep me humble. To all the residents of the
great Town of Highland Beach, I pledge my undivided attention and energy to all issues,
large or small, which affect your well being. I will do my best to serve your interests in
every possible way. My sincere thanks for the important "second term" opportunity.
6 REPORTS -TOWN COMMISSION:
A) Commissioner John Pagliaro - No Report.
B) Commissioner John Sorrelli - No Report.
C) Commissioner Doris M. Trinley -Introduced her family and friends that were in
the audience.
D) Vice Mayor Miriam S. Zwick - No Report.
E) Mayor Jim Newill, CPA -Encouraged residents to complete the census information
that they would be receiving in the mail.
7. REPORTS -TOWN ATTORNEY:
No Report.
8. REPORTS -TOWN MANAGER:
No Report.
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March 17 2010 Page 4 of 4
9. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED
AT MEETING:
Mike Ferrara - 4740 S. Ocean Blvd.
Is the Town Attorney in a position to announce the status on the two county cases
regarding Milani Park?
Town Attorney Sliney -The first case was the County's "Writ of Certiorari," in which
the court ruled against the county. The second case is in abeyance at the present time.
Mr. Ferrara - I understand that Case No. 1 was the county objecting to the Town
approving the application with conditions; but what was Case No. 2?
10. ADJOURNMENT:
Mayor Newill adjourned the Special Meeting/Attorney Client Special Session
at 12:30 PM upon a MOTION by Commissioner Sorrelli and seconded by
Vice Mayor Zwick.
APPROVED:
Jim ewill, CPA, Mayor
Attest:
Doris M. Trinley, Commissioner
John J. Sorrelli, Commissioner
J. Pagl' o, Comm' sinner