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2003.02.04_TC_Minutes_Regular ... TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, February 4, 2003 1:30 P.M. Mayor Thomas J. Reid called the Regular 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. Also present were Town Attorney Thomas E. Sliney, Town Manager Ben Saag and members of the general public. After roll call the Pledge of Allegiance was given. Mayor Reid then called for a minute of silence in memory of the seven (7) United States astronauts who perished on February 1 when the space shuttle "Columbia" exploded over Texas. • 1. ADDITIONS DELETIONS OR ACCEPTANCE OF AGENDA Town Manager Ben Saag requested the agenda be amended to include a brief update by CH2M HILL and J. Kirlin Co, on the reverse osmosis water treatment plant now under construction. Hearing no objection, the Mayor declared the Agenda accepted as amended. 2. PUBLIC COMMENTS AND REQUESTS Judy Asselta, 3450 S. Ocean Blvd., had comments regarding re-scheduling of the Hoffmann/Siemens project and the settlement agreement pertaining thereto. 3. PRESENTATIONS 1) UPDATE: REVERSE OSMOSIS WATER TREATMENT PLANT CH2M HILL Project Engineer, Dave Schuman, and J. Kirlin Representative, Homer Gregorian, advised that the site work is almost completed and, with the exception of a few minor setbacks, the construction aspect was on target. It was also advised that weekly construction meetings were held with the Utilities Department, as well as monthly meetings with Town Manager Saag and Commissioner Sorrelli. Minutes of Town Commission Regular Meeting . February 4, 2003 Page 2 of 6 2) AZURE - MAXIME DEVELOPMENT: REQUEST FOR CONSIDERATION Representing Azure/Maxime, Attorney Steve Utrect gave background information (See Minutes of January 7 Regular and January 28 Workshop) and then introduced Allan Koslow of Becker Poliakoff, attorney for the Barchetta Group, the proposed new developer of the property. Mr. Koslow gave some preliminary information and then turned the presentation to Anthony DeFeo, representative of the Barchetta Group, who requested certain provisions, primarily relating to permitting; he answered the members' questions satisfactorily, particularly as regards aspects of construction timing. Upon MOTION by VICE MAYOR HILL/COMMISSIONER LOWE, the Town Attorney and Town Manager were directed to meet with the principals and, if possible, get the project moving forward. Roll call met with unanimous favorable vote. 4. BOARDS AND COMMITTEES A) BOARD CORRESPONDENCE: NONE B) BOARD VACANCIES: NONE • C) BOARD ACTION REPORT: Mayor Reid read the BAR for January into the record. D) MONTHLY BOARD MEETINGS: Mayor Reid announced there were no Board meetings scheduled for February. 5. PROPOSED ORDINANCES AND RESOLUTIONS (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) This Proposed Ordinance was given final reading and, upon MOTION by COMMISSIONER LOWE/COMMISSIONER SORRELLI, was unanimously approved by roll call vote. (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. .~ Minutes of Town Commission Regular Meeting • February 4, 2003 Page 3 of 6 5. PROPOSED ORDINANCES AND RESOLUTIONS (continued) Having previously discussed the efficiency of this resolution, MOTION to approve was made by COMMISSIONER LOWE/COMMISSIONER SCALA-PISTONE, followed by unanimous favorable vote. (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. No discussion took place and, upon MOTION by COMMISSIONER SORRELLI/ COMMISSIONER LOWE, this resolution was unanimously approved. 6. NEW BUSINESS NONE. • 7. MISCELLANEOUS -ITEMS LEFT OVER Upon MOTION by VICE MAYOR HILL/COMMISSIONER SORRELLI, the following sets of Minutes were unanimously approved: 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 extended thanks to staff who assisted the January 25 beach- clean-up, particularly Police Officers Dave Scherer and Tony Potter and Utilities Superintendent Bill Moore. Commissioner Scala-Pistone again expressed disappointment that the January 28 Hoffmann/Siemens Public Hearing was cancelled and read a prepared statement into the record (copy attached to and made part of these Minutes). The Commissioner MOTIONED for another Executive Session before another Public Hearing was .~ Minutes of Town Commission Regular Meeting • February 4, 2003 Page 4 of 6 8. REPORTS -TOWN COMMISSION (continued) scheduled; however there was no second. Vice Mayor Hill noted it would be appropriate to hold an Executive Session after the Public Hearing. Town Attorney Sliney agreed with the Vice Mayor, advising an Executive Session had to do with strategy and legal expenses. In conclusion, Commissioner Scala-Pistone requested the Town Attorney give a history of the project. Mr. Sliney replied that he had always pursued answers to the Commissioner's questions regarding this project and would continue to do so; however, he had nothing to discuss at this time. Commissioner Robert L. Lowe had no report. Commissioner John J. Sorrelli had no report. Vice Mayor Michael W. Hill questioned if the Town had agreed to a contract with Boca Raton Educational Television (BRET); Town Manager Ben Saag replied that the town is in the negotiating phase only at this time. • The Vice Mayor also asked if a new date for the Hoffmann/Siemens Public Hearing had been set, but was advised none had been. In conclusion, Vice Mayor Hill referenced an essay by author George Orwell, i.e., "Shooting an Elephant" (1936), the essence of which was adhering to the "letter of the law" in order to please a crowd, rather than following what one perceives as "right." The entire text is attached to and made part of these Minutes. Mayor Thomas J. Reid introduced Dr. Seymour Strauss and extended sincere thanks for Dr. Strauss' idea of a chamber orchestra for Highland Beach; the Mayor announced its debut at a free concert on March 21, at 4:30 P.M., at St. Lucy's Church. Regarding the Hoffmann/Siemens Public Hearing, Mayor Reid repeated that he had cancelled same because of Mr. Siemens' health. As to the project itself, the Mayor said he would vote against any condominium which was not land deeded; he also said there should be no overt commerce involved with the project. Mayor Reid concluded with a reminder to all who attend Commission meetings that civility must prevail. Minutes of Town Commission Meeting • February 4. 2003 Page 5 of 6 10. REPORTS -TOWN MANAGER Town Manager Ben Saag reported on the following: (1) DISCUSSION RE: -SURPLUS SUPPLIES Mr. Saag explained the list of surplus computer supplies to the Commission, and answered their questions satisfactorily. MOTION was made by COMMISSIONER SORRELLI/COMMISSIONER SCALA-PISTONE to allow for disposal of these supplies; roll call vote was unanimous. (List attached and made part of these Minutes) (2) UPDATE: -LIBRARY ARCHITECTURAL SERVICES Mr. Saag advised he and Library Director Mari Suarez had met with architect Peter Corrales, and a draft of the agreement with his firm for the new library will be ready for discussion at the February 25 Workshop. (3) UPDATE: -CREDIT/DEBIT CARD SYSTEM FOR BUILDING PERMITS AND UTILITY PAYMENTS. • The Town Manager advised that staff would attend a seminar in this regard in March, and the system should be in place by late Spring. Mr. Saag concluded with notation of his meeting/vacation schedule for the near future. 11. CONSENT AGENDA Upon MOTION by VICE MAYOR HILL/COMMISSIONER SCALA-PISTONE, the following Consent Agenda item was unanimously approved: PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM -FUNDING AGREEMENT FOR LIBRARY SPEAKER'S PROGRAM. 12. ADJOURNMENT There being no further business to come before the Commission at this time, Mayor Reid adjourned the meeting upon MOTION byCOMMISSIONER SORRELLI/COMMISSIONER SCALA-PISTONE at 2:50 A.M. dmt • • Minutes of Town Commission Regular Meeting February 4. 2003 Page 6 of 6 Attest: D~IH `?•~ Da e: old D APPROVE: ~. Thomas J. Reid, Mayor Mic~`iael W. Hill, Vice Mayor J n J. Sorrell', Commissioner Rob rt L. Lowe, Cor~ifiys~oner Rachael Scala-Pistone, Commissioner •