2005.07.26_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
SPECIAL MEETING/ATTORNEY-CLIENT PRIVATE SESSION
Tuesday July 26 2005 12:00 NOON
Mayor Harold R. Hagelmann called the Special Meeting, preceding the Hoffmann AMCO
Attorney-Client Session, to order in Commission Chambers at 12:00 Noon.
Town Clerk Doris Trinley Called the Roll. The Mayor Vice Mayor Joseph J. Asselta, and
Commissioners Rachael Scala-Pistone, Miriam S. Zwick, and Jim Newill, CPA, were
present.
Town Attorney Thomas E. Sliney, Attorney Larry Corman, and Town Manager Dale S.
Sugerman were also present.
Attorney Sliney advised that the Attorney-Client Session to follow was for strategy and
negotiation purposes only; no action would be taken. He also estimated that the Session
would last approximately 1-1/2 hours. For the record, Attorney Sliney named those who
would attend this private session:
• Mayor Harold R. Hagelmann
Vice Mayor Joseph J. Asselta
Commissioner Rachael Scala-Pistone
Commissioner Miriam S, Zwick
Commissioner Jim Newill, CPA
Town Attorney Thomas E. Sliney
Attorney Larry Corman
Town Manager Dale S. Sugerman
Melodie P. Stafford, Court Reporter
Mayor Hagelmann then recessed the Special Meeting at 12:05 P.M. and the Town Clerk
was excused.
At the conclusion of the Attorney-Client Session, the Town Clerk returned to Chambers
and Mayor Hagelmann reconvened the Special Meeting at 1:30 P.M.
Town Attorney Sliney stated that the Commission needed to respond to the claim filed
on March 4, 2005 under the Bert Harris Act.
Minutes of Town Commission Special Meeting
July 26 2005 Page 2 of 3
Vice Mayor Joseph J. Asselta replied as follows:
WITH REGARD TO RESPONDING TO THE BERT HARRIS COMPLAINT, IT IS
MY MOTION THAT THE TOWN RESPOND BY ACKNOWLEDGING THAT WE
RECEIVED THEIR PROPOSAL, NOTING THEIR PROPOSAL IS IN EXTREME
FROM OUR CURRENT CODE, NAMELY, DENSITY AT 44 UNITS, 35' AND,
THEREFORE, WE ARE GIVING THEM NOTICE THAT ARE REJECTING THEIR
PROPOSAL. [Proposal called for 44 units, 140' height]
Motion was seconded by Commissioner Jim Newill, CPA.
Discussion followed, concluding with the following vote:
Commissioner Newill -Yes
Commissioner Zwick -Yes
Commissioner Scala-Pistone -Yes
Vice Mayor Asselta -Yes
Mayor Hagelmann - No (The Mayor indicated he would be willing to entertain
follow-up proposals from Hoffmann/AMCO)
• Further discussion ensued regarding how litigation matters should be handled,
concluding with the foAowing MOTION by VICE MAYOR ASSELTA/COMMISSIONER
NEWILL:
FIRST APPLIES TO HOFFMANN, BUT IN ANY MATTER OF LITIGATION THAT
INVOLVES THE TOWN OF HIGHLAND BEACH, ANY CORRESPONDENCE OR
COMMUNICATION IN WHATEVER FORM, THAT COMES TO ANY MEMBER OF
THE BOARD OR TO ANY MEMBER OF THE TOWN, INCLUDING THE TOWN
MANAGER, NEEDS TO BE REFERRED IMMEDIATELY TO THE TOWN
ATTORNEY, AND THE ONLY RESPONSE WOULD BE FROM THE TOWN
ATTORNEY, AFTER CONSULTING WITH THE MEMBERS OF THE BOARD.
Motion met with unanimous favorable roll call vote.
There being no further business to come before the Commission at this time, the Mayor
adjourned the Special Meeting at Z:00 P.M. upon MOTION by COMMISSIONER
ZWICK/COMMISSIONER NEWILL.
dmt
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Minutes of Town Commission Special Meeting
July 26, 2005 Pape 3 of 3
APPROVE:
fi Id R.~Hag nn, Mayor
J J. As Vice M vor
I Scala-Pistone, Commissioner
~~
Miriam S. Zwick, Corr~fssioner
Jim N ill, CPA, Commissioner
Attest:
'"-~~ ,
a~ta.
Date: ~ ~7~0 ~
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