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2005.01.13_TC_Minutes_Regulart TOWN OF HIGHLAND BEACH, FLORIDA • TOWN COMMISSION REGULAR MEETING MINUTES Tuesday, January 13. 2005 1:30 p.m. Mayor Thomas J. Reid called the Workshop Meeting to order in Commission Chambers at 1:30 P.M. Acting Town Clerk Jane Dillon called the roll. The Mayor, Vice Mayor Joseph J. Asselta and Commissioners Robert L. Lowe, Rachael Scala-Pistone and Miriam S. Zwick were present. Town Attorney Thomas E. Sliney and Acting Town Manager Doris Trinley were also present, as were members of the general public. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA The November 30, 2004 Minutes were added for approval, and a Resolution Appointing Palm Beach County Supervisor of Elections Arthur Anderson to the Town Canvassing Board was added. 2. PUBLIC COMMENTS AND REQUESTS Emily Furtell suggested creating a Cultural Board which can organize and address cultural issues in Town. She has a background in this regard, and asked that she be appointed to this Board. Ann Marie Roy requested that an organization she is affiliated with, the Mental Health • Association, have use of the Chambers to hold their weekly Monday eveningrneetings. Jose' Escheveria noted the successful Toys-for-Tots holiday drive. He also stated that the beach is looking better. Harold Hagelmann noted that Jose' picked up 8,000 toys. Nel Mariano spoke re the FOP, and that the police should not accept donations, but that donations be made out to the FOP Lodge 83. 3. PRESENTATIONS NONE. 4. BOARDS AND COMMITTEES DISCUSSION RE CONTINUATION OF PUBLIC SAFETYAND BEACHES AND SHORES ADVISORY BOARDS. It was noted that the Public Safety Board had not met in six months. It was felt that the Polies Department was the avenue to address safety concerns. After discussion MOTION was made by MAYOR REID/VICE MAYOR ASSELTA to dissolve subject Board, which carried 4/1. Motion was made by MAYOR REID/COMMISSIONER LOWE to dissolve the Beaches Advisory Board. MOTION failed by a 3/2 vote. r~ LJ Town Commission • Tuesday, January 13, 2005 Page 2 of 5 A) BOARD CORRESPONDENCE: FINANCIAL ADVISORY BOARD RECOMMENDATIONS RE TOWN INSURANCE POLICIES. (memo attached hereto and made a part of these minutes) MOTION re #3 was made by COMMISSIONER ZWICK/VICE MAYOR ASSELTA to retain a consultant to look at the Town's insurance policies. MOTION carried unanimously. B) BOARD VACANCIES: One (1) on Beaches & Shores Advisory Board on Upon MOTION by COMMISSIONER SCALA-PISTONE/ZWICK, Pat Pembroke was appointed to the Beaches & Shores Board. MOTION carried unanimously. C) BOARD ACTION REPORT D) MONTHLY BOARD MEETINGS Planning Board Regular - 1/13/05 - 9:30 a.m. Board of Adjustment - 1/18/05 -Quarterly - 9:30 a.m. Code Enforcement Board - 1/19/05 -Quarterly - 9:30 a.m. Financial Advisory Board -None scheduled Public Safety Advisory - 1/10/05 - 9:30 a.m. • Beaches & Shores Advisory - 1/11/05 - 9:30 a.m. 5. PROPOSED ORDINANCES AND RESOLUTIONS AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657 F.S., SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (first reading 12/7/04; published 12/21/04) After some discussion, MOTION to not approve Ordinance was made by VICE MAYOR ASSELTA/COMMISSIONER LOWE. MOTION carried 4/1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPOINTING PALM BEACH COUNTY SUPERVISOR OF ELECTIONS ARTHUR ANDERSON TO THE TOWN CANVASSING BOARD AND i~UTHO~RIZING ARTHUR ANDERSON TO REPRESENT THE TOWN CANVASSING BOARD IN CERTAIN ELECTION FUNCTIONS. Upon MOTION by COMMISSIONER LOWE/COMMISSIONER ZWICK, resolution carried unanimously. Town Commission Tuesday, January 13, 2005 Page 3 of 5 • 6. NEW BUSINESS 1) DISCUSSION RE HUMISTON & MOORE CORRESPONDENCE [BEACH STABILIZATION ALTERNATIVES]. Dan Bates was present to discuss the beach restoration issues. The Commission asked Doris Trinley to obtain the names of residents within 1/2 mile of Yamato Rock in order to have a meeting to discuss pooling together and sharing the cost of beach renourishment on their beaches. 2) APPROVAL OF PALM BEACH COUNTY FUNDING AGREEMENT RE LIBRARY SPEAKERS PROGRAM. MOTION was made by COMMISSIONER SCALA-PISTONE/COMMISSIONER LOWE to approve agreement. Motion carried unanimously. 3) APPROVAL OF MUTUAL AID AGREEMENT WITH COMBINED PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES RE OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION. MOTION was made by COMMISSIONER LOWE/COMMISSIONER SCALA-PISTONE to • accept agreement. Motion carried unanimously. 4) DISCUSSION RE FORMULATION OF POLICY FOR HOLIDAY CASH GIFTS TO POLICE DEPARTMENT. A MOTION was made by COMMISSIONER LOWE/COMMISSIONER ZWICK to discuss the creation of a policy. This will be placed on the January 25 workshop meeting for further discussion. 7. MISCELLANEOUS -ITEMS LEFT OVER 1) NOVEMBER 30, 2004 WORKSHOP DECEMBER 7, 2004 REGULAR Minutes were unanimously approved. 2) DISCUSSION RE REMAINING OFFICE SPACE IN R.O. BUILDING There ;ivas lengthy discussion about moving the Police Dept. rather than the Building Dept. to the plarn:. Chief Pascoe spoke on her needs for space, but indicated she would rather utilize the- building dept area if the building dept moves into the plant. The fioiiowing MOTIONS were unanimously approved: • Town Commission Tuesday, January 13, 2005 Page 4 of 5 COMMISSIONERS SCALA-PISTONE/ZWICK: move the Building Dept. to the R.O. Plant COMMISSIONERS ZWICK/SCALA-PISTONE: have Police move to old Building Dept. MAYOR REID/COMM. LOWE: look into expansion needs of the Police Dept., Library and other areas. 3) DISCUSSION RE TIMING OF TOWN MANAGER HIRE Colin Benzinger noted that he has eight candidates, of which he will narrow down to five for interviewing. MOTION was made by COMMISSIONER ZWICK/LOWE to move forward and hire a Town Manager as expeditiously as possible. The morning of January 25 was scheduled for the interviews. 4) DISCUSSION RE FURTHER CONTRIBUTION TO LYRIC CHAMBER ORCHESTRA. Lengthy discussion ensue about a $5,000 contribution that Dr. Strauss is asking the Town for. It was said that there are other avenues of raising money, and if the Town does for one, it may open the door to help other organizations. Commisssioners Zwick, Lowe and Mayor Reid were in favor. Vice Mayor Asselta and Commissioner Scala-Pistone were against such a donation. (There was no formal motion. Vote carried for approval.) 8. REPORTS -TOWN COMMISSION COMMISSIONER ZWICK No Report. COMMISSIONER SCALA-PISTONE cultural center of the Town. Spoke about the Library becoming a COMMISSIONER LOWE No Report. VICE MAYOR ASSELTA Supported that a cultural board be established. At the next Commission Meeting he will speak about his request that an audit be done for the R.O. Plant. MAYOR REda Agreed that an audit should be conducted. 9. ~ REPORTS -TOWN ATTORNEY reported on the following items: 1) Qcean Cove - l=etter from Attorney Levine received, noting that all documentation is fully executed, and Mr. Norman can proceed to relocate the docks. 2) Luxiarr Development litigation -and executive session is scheduled for Tuesday, January 18 at 2:00 p.m. 3) The Town won in court re the Hoffman property. Town Commission Tuesday, Page 5 of 5 ,:+ cuv~ i3,~ ®~' 10. REPORTS -TOWN MANAGER Suggested that the Beaches & Shores Board obtain the names of the residents at South end of Town. Commissioner Scala-Pistone addressed a letter received from the DOT re pedestrian crossing. Mayor read letter into record. Attached hereto and made a part of these minutes. 11. CONSENT AGENDA None. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Allen Teller stated that no money was given to Bel Lido, that it had already been set aside for this project. Also felt with the limit of the insurance the Town carries, a motion might have been made during the Hoffman litigation to move case from federal court to state court. Vice Mayor noted that it couldn't go back to state court because the plaintiff was the federal court. Joe Yucht 1) Upset that matters were brought up on the agenda without Commissioners knowing about them. 2) Has been asking that sponsors names be put • on the agenda to know who brings matters up i.e. who sponsored proposal to dissolve the two boards. 3) Disagrees with Mayor re certain boards can making recommendation to the Commission. 4) Mean high water mark is a floating line and not the same as it was 20 years ago. 5) Milani trial scheduled Feb 21 & 22. 6) Town Manager salary; should not use high/low numbers, as the high will always be requested. Just state one number. 7) A1A cords across Sea Ranch not clear across road 8) $5,000 Orchestra - opposed to it. Jim Newill Addressed the R.O. Plant audit Vice Mayor Asselta wants to conduct. 13. ADJOURNMENT • There being no further business to come before the Commission at this time, MOTION to adjourn was made by VICE MAYOR ASSELTA/COMMISSIONER ZWICK at 4:55 p.m. AF'F'KC, Mayor !/ice M. Commi: Commi: Commi; ATTES