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2000.12.05_TC_Minutes_RegularTOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, December 05, 2000 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, Paul R. Kane and Robert L. Lowe were present. Town Attorney Thomas E. Sliney and Town Manager Ben Saag were alp 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 Saag advised of a title change in the resolution regarding funding for the • reverse osmosis water treatment facility, which was under consideration for approval at this meeting; he then read the revised title into the record. With no objection, this revision was noted and the agenda accepted. 2. PUBLIC COMMENTS AND REQUESTS Doug Covington, a resident of the Yacht Club, asked if the Town might consider, be,*ing the cost of cleaning the beach throughout the Town; Mayor Reid advised that t beach was considered private property to the mean highwater mark and individual property owners were responsible for keeping their property clean. Seymour Strauss, 4748 S. Ocean Blvd., suggested the Commission consider sculptures representing Native American Indians and Japanese Pineapple Farmers be incorporated into plans for the proposed county park. 3. PRESENTATION FIRE DEPARTMENT ANALYSIS Kerry Koen, former fire chief of both Boca Raton and Delray Beach, gave an overview of the analysis he had been requested to prepare regarding the Town's options as to future fire protection and emergency medical services. Mr. Koen said the results of his analysis had indicated that it would cost the Town as much, if not more, to run its own department, and suggested that dialogue with Delray Beach, with whom the Town has R " Minutes of Town Commission Regular Meeting December 5. 2000 Page 2 of 5 contracted since 1993, begin as soon as possible to renegotiate a long term contract for these services. In this regard, it was noted the current contract will expire in 2003. During his presentation, Mr Koen further advised that switching its contract from the County (fees based on property values) to Delray Beach (fees based on direct costs) had resulted in over $4 million in savings to the Town over the years. (Copy of Appendix E attached to and made part of these Minutes) Note: a copy of Mr. Koen's analysis is filed in the 2000 general file 4. BOARDS AND COMMITTEES a) Board Correspondence: Receipt of the Financial Advisory Board's recommendation regarding funding for the reverse osmosis water treatment plant was acknowledged for the record. (Attached to and made part of these Minutes) b) Board Vacancies: One (1) on Board of Adjustment. It was the consensus to table at this time. • c) Board Action Report: Read into the record by Mayor Reid. d) Monthly Board Meetings for December: Read into the record by Mayor Reid. 4. PROPOSED ORDINANCES AND RESOLUTIONS (1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, UPDATING THE TOWN CODE BYAMENDING, DELETING OR TRANSFERRING THE LOCATION OF THE FOLLOWING SECTIONS AND ARTICLES OF THE TOWN CODE: .Amending Sections 2-46(3) and 2-54. .Deleting Chapter 2, Article IV (Sections 2-76 through 2-95). .Amending Section 4-5 .Amending Section 5-1 and Deleting Sections 5-2, 5-3, and 5-8(c). .Deleting Section 6-30. .Deleting existing Chapter 12 in its entirety as currently codified. .Amending Sections 16-8 and 16-9. .Deleting Section 18-10(8). .Amending Chapter 20, Article III. .Amending Sections 20-124, 20-125, 20-127(5), 20-131, 23-3, 23-7(c), 28-2(t), 28-5(a)2(a), 28-5(a)2(d), 28-5(a)4(c), 28-5(a)4(d)(2)(c), 28-9(a)(2), 28-10(e)(2), 28-12(a)(7), 28-12(a)(8), and 28-16. . Deleting Appendix B. .Creating New Chapter 12 entitled "Construction Sites." (first reading) Town Commission Regular Meeting Agenda December 05, 2000 Page 3 of 5 There was no discussion after first reading, as the Town Attorney and Town Manager had previously advised that this was a proposed "omnibus" ordinance, written for the purpose of updating Town Code. 4. PROPOSED ORDINANCES AND RESOLUTIONS (continued) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE OF THE TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $8,000,000 TO FINANCE VARIOUS CAPITAL EXPENDITURES FOR THE TOWN'S REVERSE OSMOSIS WATER TREATMENT FACILITY; APPROVING THE FORM OF A LOAN AGREEMENT PROVIDING THAT SUCH NOTE SHALL BE A GENERAL OBLIGATION OF THE TOWN AND SHALL BE PAYABLE FROM CERTAIN AD VALOREM REVENUES AND OTHER MONIES AS PROVIDED HEREIN; PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES OF THE OWNER OF SUCH NOTE; PROVIDING FOR THE CREATION OF CERTAIN FUNDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE. (See attached memo from Town Manager Ben Saag) • Bond Attorney Charles Schoech and Town Attorney Sliney advised that authorizing a note in the full amount of what was approved in the bond referendum (as noted in the above title) had been re -thought, as it could possibly create financial legal issues. Therefore, Mr. Schoech distributed copies of a revised resolution, the title of which was again read into the record. After further discussion, MOTION to approve the revised resolution was made by COMMISSIONER LOWE/COMMISSIONERSORRELLI, followed by unanimous favorable roll call vote. (Copy of revised resolution attached to and made part of these Minutes; it is numbered #766) 5. NEW BUSINESS None. 6. MISCELLANEOUS - ITEMS LEFT OVER (1) GOVERNMENT RISK INSURANCE TRUST (GRIT) --CONSIDERATION OF SETTLEMENT OF TWO (2) OUTSTANDING CLAIMS: FORMER POLICE OFFICER ROBERT CORSINO AND FORMER BUILDING MAINTENANCE it SUPERVISOR PAUL BUSJIT. Minutes of Town Commission Regular Meeting December 5. 2000 Page 4 of 5 There was some further discussion of this issue, which was previously addressed in depth at the November 28 Workshop Meeting. Concluding same, settlement was approved upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER LOWE, followed by unanimous favorable vote. (2) MINUTES FOR APPROVAL Upon MOTION by COMMISSIONER LOWEICOMMISSIONER KANE, the following sets of Minutes were unanimously approved: SEPTEMBER 26, 2000 - WORKSHOP AGENDA SEPTEMBER 28, 2000 - SPECIAL MEETING (INSURANCE) OCTOBER 03, 2000 - REGULAR MEETING 7. REPORTS - TOWN COMMISSION Commissioner Robert L. Lowe - no report. Commissioner Paul R. Kane - no report. • Commissioner John J. Sorrelli - no report. Vice Mayor Michael W. Hill - no report. Mayor Thomas J, Reid - no report. 8. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney - no report. 9. REPORTS - TOWN MANAGER Town Manager Ben Saag directed the Commission's attention to a sample trash can, which will be utilized by single family homes and low density complexes. Mr. Saag also noted cancellation of the December 26 Workshop; due to holiday travel plans no quorum will be available. 10. CONSENT AGENDA Upon MOTION by COMMISSIONER SORRELLINICE MAYOR HILL, the following Consent Agenda items were unanimously approved: (1) APPOINTMENT OF LEONARD D. BELL TO THE PLANNING BOARD FOR A THREE (3) YEAR TERM. Minutes of Town Commission Regular Meeting December 5, 2000 Pape 5 of 5 10. CONSENT AGENDA (continued) (2) PROCLAMATION DECLARING DECEMBER 15, 2000 "BILL OF RIGHTS" DAY. 11. ADJOURNMENT There being no further business to come before the Commission, Mayor Reid adjourned the Regular Meeting at 2:30 P.M., upon MOTION by COMMISSIONER KANEIVICE MAYOR HILL. dmt APPROVE: Thomas J. Reid, Mayor W. Hill, V't "ayor Johr": Sorrelli, Commissioner Paul R. Kane, Commissioner Robert L. Lowe, ATTEST: DATE:_ iT o Z Aa oner