2003.01.28_TC_Minutes_Workshop. TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday. January 28. 2003 1.30 P M
Mayor Thomas J. Reid 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 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
• Town Manager Ben Saag requested that the NPDES second term permitting interlocal
agreement be deleted from the agenda as it was in "draft" form; he preferred that it be
addressed in final form. There was no objection and, upon MOTION by
COMMISSIONER LOWENICE MAYOR HILL, the agenda was accepted as amended.
Before attending to regular agenda items, Mayor Reid presented a plaque to resident Bill
Flynn in appreciation of his volunteer efforts from 1999 to the present in teaching
computer classes to fellow residents.
2. PUBLIC COMMENTS AND REQUESTS
Victor Hadeed, 3201 S. Ocean Blvd., refuted the Commission's decision to institute the
use of Seat #1, Seat #2 and Seat #3 into the Charter via referendum in the March 2003
municipal elections. Using the chalk board as a visual aid to illustrate his point, Mr.
Hadded said, in his opinion, the "seats" would narrow options for both candidate and
voter. (This would apply to Commission seats only, not to Mayor or Vice Mayor offices.
Discussion took place among the members and it was the consensus to revisit the issue
at a Special Meeting which was scheduled for Saturday, February 1, at 9:00 A.M.
• Minutes of Town Commission Meeting
January 28, 2003 Page 2 of 5
2. PUBLIC COMMENTS (continued)
Judy Asselta, 3450 S. Ocean Blvd., expressed disappointment regarding the cancellation
of the Hoffmann/Siemens Public Hearing. Mrs. Asselta also criticized the Settlement
Stipulation saying that, in her opinion, it admitted liability on the Town's part; she
requested it be withdrawn.
Leonard Bell, 2727 S. Ocean Blvd., said he agreed with Mr. Hadeed's assessment that
commissioner's seats should not be numbered.
Felix Goldenson, 3224 S. Ocean Blvd., agreed with both Messrs. Hadeed and Bell,
noting if the "seat" question was a referendum item, voters could possibly interpret that
the Commission was favorably inclined.
Michelle Pistone also expressed disappointment over the cancellation of the Public
Hearing and advised that, while she does not live in Town, she is a property owner at
Ambassadors South, and had arranged her schedule around the now cancelled Public
Hearing. Ms. Pistone also expressed concern as to how the proposed project might
affect property values.
• Dean Luce, 4511 S. Ocean Blvd., said he hoped another Public Hearing would be
scheduled prior to the March municipal elections.
3. PRESENTATIONS
PAMELA O'BRIEN, EXECUTIVE DIRECTOR: AIDS TO VICTIMS OF DOMESTIC
ABUSE, INC. (AVDA)
Invited by Mayor Reid to make a presentation, Ms. O'Brien gave an overview of AVDA's
work, advising its purpose was to give high quality care to victims of domestic abuse.
She shared some statistics -over 7,000 arrests were made last year in Palm Beach
County in this regard, and approximately 200 people a day are in AVDA-sponsored
counselling. Ms. O'Brien also noted that domestic abuse takes place on all levels of
society; there are no economic or geographic boundaries.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE
B) BOARD VACANCIES: NONE
• Minutes of Town Commission Workshop Meeting
January 28 20003 Page 3 of 5
4. BOARDS AND COMMITTEES (continued)
C) BOARD ACTION REPORT: NONE
D) MONTHLY BOARD MEETINGS: PREVIOUSLY SUBMITTED
5. PROPOSED ORDINANCES AND RESOLUTION
(1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING ORDINANCE N0.696, WHICH APPROPRIATED FUNDS FOR
THE FISCAL YEAR 2001-2002, WHICH BEGAN OCTOBER 1, 2001 AND
ENDED SEPTEMBER 30, 2002. (first reading 1/7/03; published 1/17/03)
It was noted this proposed ordinance would have final reading at the February 4, 2003
Regular Meeting.
(2) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH GRANTINGAUTHORITYTOTOWNCOMMISSIONER
JOHN SORRELLI AND TOWN MANAGER BEN SAAG TO EXECUTE
• CHANGE ORDERS RELATED TO THE CONSTRUCTION OF A NEW
REVERSE OSMOSIS WATER TREATMENT FACILITY.
Town Manager Saag explained the feasibility of this proposed Resolution. It will be give
further consideration and possible approval and the February- 4, 2003 Regular Meeting.
(3) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
TO THE FLORIDA LEGISLATURE, URGING THE ENACTMENT OF
LEGISLATION AUTHORIZING COUNTIES AND MUNICIPALITIES, AT
THEIR OPTION, TO COLLECT LOCAL GOVERNMENT CODE
ENFORCEMENT FINES IN THE SAME MANNER AS NON-AD VALOREM
ASSESSMENTS; PROVIDING FOR DISTRIBUTION; PROVIDING AN
EFFECTIVE DATE.
There was little discussion of this proposed resolution, which represents a joint effort by
Palm Beach municipalities. It will be further considered and possibly approved at the
February 4, 2003 Regular Meeting.
6. NEW BUSINESS
PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM -FUNDING
AGREEMENT FOR LIBRARY SPEAKER'S PROGRAM.
i
Minutes of Town Commission Workshop Meeting
. January 28, 2003 Page 4 of 5
6. NEW BUSINESS (continued)
As this represented a continuation of the previous year's program, there was little
discussion, and the funding agreement was forwarded to the"February 4, 2003 Regular
Meeting Consent Agenda.
7. MISCELLANEOUS -ITEMS LEFT OVER
The following sets of Minutes were forwarded to the February 4, 2003 Regular Meeting
Agenda for further consideration and possible approval:
JANUARY 7, 2003 SPECIAL MEETING (RANKING OF ARCHITECTURAL
FIRMS RE NEW LIBRARY)
JANUARY 7, 2003 REGULAR MEETING
JANUARY 14, 2003 EXECUTIVE SESSION (POLICE NEGOTIATIONS)
8. REPORTS -TOWN COMMISSION
Commissioner Rachael Scala-Pistone advised of another successful beach clean-up
• in recent months, this time by students of Spanish River High School on January 25.
The Commissioner noted what an asset the Town's beach vehicle was in removing
refuse and hoped it would be available to beach clean-up crews in the future.
Regarding the cancelled Hoffmann/Siemens Public Hearing, Commissioner Scala-Pistone
urged that it be rescheduled within the next 2 or 3 weeks. She also noted that, in her
opinion, the proposed project was in violation of the Town's Comprehensive Plan, as well
as current zoning.
Commissioner Robert L. Lowe had no report.
Commissioner John J. Sorrelli had no report.
Vice Mayor Michael W. Hill responded to Commissioner Scala-Pistone's remarks,
saying he did not see any hurry in rescheduling another Public Hearing.
Mayor Thomas J. Reid gave a background of the events relating to the cancellation
Hoffmann/Siemens Public Hearing thus far. Regarding the project itself, the Mayor noted
that the developer would have to provide a fee simple condominium deed before he (the
Mayor) would consider the project; he also noted the various environmental hurdles the
project would face. In conclusion, Mayor Reid defended cancellation of the
Hoffmann/Siemens Public Hearing, relating Mr. Siemens' current health problems.
Minutes of Town Commission Workshop Meeting
• January 28, 2003 Page 5 of 5
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney followed up on the Mayor's remarks regarding the
Hoffmann/Siemens project, advising that nothing will be built until the Town agrees or
the court demands.
Regarding the Azure/Maxime project, Attorney Sliney advised he had met with the
current developer's attorney, and a presentation will be made by the developer at the
February 4 Regular Meeting.
10. REPORTS -TOWN MANAGER
Town Manager Ben Saag had no report.
11. CONSENT AGENDA
NONE.
Before adjournment, additional discussion took place regarding the Hoffmann/Siemens
• project, with various opinions being offered by Commissioner Rachael Scala-Pistone,
Mayor Reid and Town Attorney Sliney.
12. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor Reid
adjourned the Workshop Meeting at 2:35 P.M., upon MOTION by COMMISSIONER
LOWE/COMMISSIONER SORRELLI at 2:35 P.M.
dmt
APPROVE:
Reid, Mayor
Atte t:
~. h1 ~ Date:_~~aifc~ ~ ~ 0 0.3
Rachael Scala-Pistone, Commissioner
Highland condo battle expected to draw crowd
t3y Et107 NLt.ItdBE.KG
f'ulrr~ Beach P~~t S7c~jj~b6riter
tttC:kli_ANU t>f~;ACIt -- Cornmis-
siune•rs fear their chambers wod~t
l7i~ld everyone thty expect to show ttp
elt a specitd li~e~etilt#; "I.uF.~sday to pro-
tF'st ~l t;ondaminiuTrl sornt. rk~sidt:°nts
fear ~~~ill be utatllirlg snore t.hali :~ ut~>-
scr.t~ llursint; homt•.
Ttx~ clevelot.lel; kicliztrd Sierurns,
say~~s irs just another condo tl~tat, like
It1U5t itl H.ith_lar~d I~~each, will be
,,,
,~~ ~j '~
r'~
;,
I „,7 F1~d: _y
filled n~lostly with retnees. !ltd some.
the<~e years after Siemens tirst sub-
mitted his plans, he's itchin~;~ to start.
turning Shovels.
~'t~he^ Siemens and prapT~rty
owner C'amilic: Hoffman had fiat
proposed athree-towel; '~15t~t-unit dt~-
veloplne:nt, to~n~n offic~i.rh; had said
rorlillg allowed uttly 42 units.
Siemens argnied his devt ]r>I,nir~;;t
slxntlci i~cinle under th~~ same ic,l,iitr
rules as the nc;arby 'Iilscana condo-
ITIIII1ttIT1.
'Iascana was Quilt on 17.3 acres
adjacent to tclw~n hall after atwo-
decade-long legal battle ended in
ltit)'~ in a staggering 531.1 million
fc}deral judglnerlt against the town.
'I'1-Ie town settled three years lat-
eI for i5.ri .lllillion. In fhe judg~rnent,
the tz.~wrl ~ll~a~:i to exempt 'Ibscana
front the triSTlinLr r~.tles. Siemens ar-
gued the land for his project is part of
that judgment..
The town then sued Siemens,
Toscana and neighbor Jeffrey
Pechter in Palm Beach County Cir-
cuit Court in May 2000 and the case
has been in court ordered mediation.
since July 2000. The suit was not so
much adversarial as it was to get. a
judge to "determine buildable right..s
See CONDO, 48 -
Meeting at town church considered
- CONDO ~-~ 1B
for the property," Zbwn
Manager Ben Saag said.
Pechter had objected the
site was too. close to A1A grid
most of the property, is fed-
erally protected mangrove
swamp. He and Siemens later
reached a settlement that
called for only two ..towers,
one 13 `stories and one 15
stories, and a total of 98 units:
The town was not bound t'
that agreement. But that's
what Siemens is presenting
now, Sang said.
'ti~esday's hearing is set
to follow. the town's 1:30 pm.
monthly commission work
shop.
The chamber .safely
holds 90 people, and at one
point during their November
meeting, .commissioners
considered moving the hear-
ing -then. scheduled for
Dec. 3 - to nearby St. Lucy
Catholic Church. But they
rejected that plan, mostly
because the camera system
used to transmit meetings
Live on ,the town's cable
channel isn't portable. The.
hearing was later delayed to
this month because the
cameras broke down and had
to be replaced.
When Siemens hadfirst
...proposed .thee.. development,
some residents weren't
thrilled with its size and all
those new residents, but
many also complained it
would be an adult congregate
living facility.
Siemens' lawyer, Marga
ret Cooper, said while it will
be aimed at older people and
will have a dining room, it
will not have: nursing facili-
ties or medical staff and,will
be little different from other
condos in the .town, which
are also heavily populated by
retirees:
"It's going to be nothing
but good:for the town," Coo-
per said. "I don't see how
they can't approve it."
~ eliot_kleinberg@p{7post:com
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