2003.03.04_TC_Minutes_RegularTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, March 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.
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.
Before addressing the Agenda, Mayor Reid reminded those present that civil behavior
• was the order of the day.
1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
Hearing no objection, Mayor Reid declared the Agenda accepted as presented.
2. PUBLIC COMMENTS
Jean Ellis, 4205 S.Ocean Blvd., presented a request to amend Ordinance No. 554 to
include the words "interior" and "exterior" as regards artificial lighting during turtle
season. (copy attached to and made part of these Minutes)
Joseph Yucht, Boca Hi presented three (3) written petitions -that before a Public
Hearing is held, the Commission determine if the Hoffmann/Siemens Settlement
Stipulation is in the best interests of the Town; that the Commission adopt an ordinance
amending "Administration, Section 2-28-Rules of Procedure #4 'Order of Business"' to
include an additional Public Comments Section; that the Commission adopt an ordinance
allowing for public debate among municipal candidates for election. (Copies attached
to and made part of these Minutes, as well as a copy of Mr. Yucht's remarks pertaining
to same)
Felix Goldenson, 3224 S. Ocean Blvd., petitioned the Commission to waive a $50 each
permit fee regarding replacement water heater work being done in certain buildings at
Seagate Condominium. Substantial discussion took place, during which it was
• Minutes of Town Commission Regular Meeting
March 4. 2003 Page 2 of 6
2. PUBLIC COMMENTS AND REQUESTS (continued)
noted that one of the Town Manager's Agenda items was a proposal to appoint a
committee who would review the entire Building Code (Chapter 6), including permit fees.
However, at this time, it was the consensus of the members that the existing permit fee
schedule of $50 for each individual water heater prevail.
Judith Asselta, 3450 S. Ocean Blvd., commented that she supported Joseph Yucht's
petition that the Commission determine if the Hoffmann/Siemens Settlement Stipulation
was in the best interests of the Town before a Public Hearing was held.
Pat Kain, 3009 S. Ocean Blvd. noted that an article in the current Newsletter referred
only to the referendum item and not to the election of Commissioners. Town Manager
Saag apologized for the omission, advising that the edition went to the printer before it
was known if other than the incumbents would run.
3.
• 4.
5.
PRESENTATIONS
NONE
BOARDS AND COMMITTEES
A)
B)
C)
D)
BOARD CORRESPONDENCE: NONE
BOARD VACANCIES: NONE
BOARD ACTION REPORT: The BAR for February was noted by Mayor
Reid.
MONTHLY BOARD MEETINGS: Mayor Reid read the March meetings
into the record.
PROPOSED ORDINANCES AND RESOLUTIONS
NONE.
6. NEW BUSINESS
PROPOSED MODIFICATIONS IN REVERSE OSMOSIS PLANT.
For the record, Town Manager Saag advised of the reasons for this $19,800 redesign,
• as outlined in his February 27 memorandum to the Commission (attached to and made
part of these Minutes). The Commission's questions were answered satisfactorily by Mr.
Saag and, upon MOTION by VICE MAYOR HILL/COMMISSIONER SCALA-PISTONE,
the redesign was unanimously approved upon roll call vote.
Minutes of Town Commission Regular Meeting
March 4, 2003 Page 3 of 6
• 7. MISCELLANEOUS -ITEMS LEFT OVER
(1) CONSIDERATION OF LIBRARY ARCHITECTURAL CONTRACT
(CORRALES GROUP)
Following review by the Town Attorney and Town Manager, amendments to the contract
were transmitted to the Commission on February 28. Mr. Corrales answered questions
to the Commission's satisfaction and, after brief discussion, MOTION by VICE MAYOR
HILL/COMMISSIONER LOWE to approve the architectural contract with the Corrales
Group met with unanimous favorable roll call vote. (amendments attached to and made
part of these Minutes)
(2) MINUTES FOR APPROVAL
Upon MOTION by COMMISSIONER LOWE/COMMISSIONER SCALA-PISTONE, the
following sets of Minutes were unanimously approved:
JANUARY 28, 2003 EXECUTIVE SESSION (POLICE NEGOTIATIONS)
JANUARY 28, 2003 WORKSHOP MEETING
FEBRUARY 1, 2003 SPECIAL MEETING (REFERENDUM ITEMS #2 & #3)
FEBRUARY 4, 2003 REGULAR MEETING
• 8. REPORTS -TOWN COMMISSION
Commissioner Rachael Scala-Pistone advised she agreed with Mr. Yucht's written
petition regarding the Hoffmannn/Siemens property, and said while her request for
another Executive Session was denied three times, she was again asking the
Commission at this time to honor her request. No Motion for same was forthcoming.
Commissioner Robert L. Lowe noted that two new police officers had been hired,
bringing the force to full complement.
Commissioner John J. Sorrelli had no report.
Vice Mayor Michael W. Hill agreed with Mr. Yucht's written petitions regarding the
addition of another public comment section at the end of Commission meetings, and of
public debate among Commission candidates. Mr. Saag said he was prepared to
address this issue under his report. As to candidate public debate, it was noted there
would be no time for same this time around as the election will be held March 11; the
concept will be addressed in the future.
The Vice Mayor also asked that the new police officers introduce themselves at the next
Commission Meeting.
• Mayor Thomas J. Reid chose to give his report prior to adjournment of the meeting.
Minutes of Town Commission Regular Meeting
March 4, 2003 Page 4 of 6
• 9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney read a prepared statement into the record regarding
the Hoffmann/Siemens property (copy attached to and made part of these Minutes).
10. REPORTS -TOWN MANAGER
Town Manager Ben Saag requested the Commission's direction regarding an
amendment to code to allow for an additional public comment section in Commission
agendas. It was the consensus that Mr. Saag present a draft ordinance for review at the
March 25 Workshop.
It was also the consensus to appoint a committee to review text and content of the
Building Code (Chapter 6); a copy of Mr. Saag's memo in this regard is attached hereto
and made part of these Minutes. As to Planning Board members to serve on this
committee, there was no objection to Commissioner Lowe's suggestion that Neil Burd
and Victor Hadeed be asked to participate. Felix Goldenson's request that Seagate
Condominium be given special consideration regarding their water heater project was
was again discussed, with Commissioner Lowe maintaining, with no opposition, that the
existing code should prevail until the committee has reviewed Chapter 6 and a decision
to change policy might be made.
• Concluding his report, Mr. Saag advised the latest edition of the Town newsletter would
be mailed March 3.
11. CONSENT AGENDA
NONE
PUBLIC HEARING/SPECIAL MEETING RE 2nd AMENDMENT TO ITCO
SETTLEMENT AGREEMENT
Town Attorney Sliney gave background information on this second amendment, which
would transfer ownership of the property from Maxime Development to XXXII LLC.
During the Public Hearing, discussion took place among the Commission and XXXII LLC,
including Commissioner Sorrelli again questioning Anthony DeFeo of XXXII LLC about
any changes to the north wall. Mr. DeFeo again said no changes to the wall were
planned; Commissioner Sorrelli then directed that a letter be sent to the Monterrey
House Association stating same.
Dennis Sheridan of Monterrey House was also assured by Mr. DeFeo and the XXXII LLC
• attorney that no changes were planned; Mr. DeFeo further advised that maintenance of
Minutes of Town Commission Regular Meeting
March 4. 2003 Page 5 of 6
the mangroves would be the developer's responsibility and eventually that of the
association (Exhibit D of Settlement).
Commissioner Scala-Pistone questioned if a traffic impact study had been made; Mr.
DeFeo and the XXXII LLC attorney replied that to their knowledge all development
requirements as regards other agencies had been met. However, Commissioner Scala-
Pistone was not satisfied with this reply, saying she had talked this date with acounty-
level official regarding Article 15, which relates to traffic studies.
Concluding discussion, MOTION was made by COMMISSIONER SORRELLINICE
MAYOR HILL to approve the 2nd Amendment to the ITCO Settlement Agreement.
Roll call was as follows:
Commissioner Lowe -Yes
Commissioner Sorrelli -Yes
Commissioner Scala-Pistone - No
Vice Mayor Hill -Yes
Mayor Reid -Yes
The Public Hearing/Special Meeting being concluded, Mayor Reid returned to the March
4 Regular Agenda.
•
Before calling for adjournment, Mayor Reid reminded all of the first performance by the
Lyric Chamber Orchestra at St. Lucy's Parish Hall, on March 21 at 4:30 P.M.
12. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor Reid
adjourned the Regular Meeting at 3:05 P.M., upon MOTION by COMMISSIONER
SORRELLI/COMMISSIONER SCALA-PISTONE.
dmt
APPROVE:
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Thomas J. Reid, Mayor
Mich I W. Hill, Vice Mayor
Minutes of Town Commission Regular Meeting
March 4. 2003 Page 6 of 6
J n J. Sorr~~i;~Commissioner
Robert L. Lowe, Co ission/er "~
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Rachael Scala-Pistone, Corhmissioner
Attest:
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•