2004.07.06_TC_Minutes_RegularF
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, July 6, 2004 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 Joseph J. Asselta, and
Commissioners Robert L. Lowe, Rachael Scala-Pistone and Miriam S. Zwick 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
Vice Mayor Asselta asked that an invoice ($300) for membership in the Florida Beach
• Shore Preservation Association be addressed. With no objection, Mayor Reid amended
the agenda as requested.
2. PUBLIC COMMENTS AND REQUESTS
Jean Ellis, 4025 S. Ocean Blvd., restated her concern that there was not enough beach
access and once again commented that flushing of mangroves would eliminate odor.
Joe Yucht, Boca Hi, repeated his concern for pedestrians crossing A1A, when traffic will
not yield.
Harold Hagelmann, Boca Hi, reiterated his idea for the Town to pick up the tab for
garbage collection, thus giving residents a small reimbursement.
Turtle Coordinator Jose Echeverria gave an update on the season thus far.
3. PRESENTATIONS
DELRAY BEACH FIRE CHIEF KERRY KOEN: OPERATING PROCEDURES RE
BEACH EMERGENCIES.
Town Commission Workshop Agenda
July 6, 2004 Page 2 of 7
3. PRESENTATIONS (continued)
Chief Koen advised the first step of action regarding beach emergencies is to locate the
patient, who can sometime drift far away from where the emergency was first reported.
Following this, Chief Koen advised, the situation is next assessed before personnel are
directed to deploy with the proper equipment. As far as access to the beach, the Chief
stated that historically residents have been very cooperative, allowing access to the
rescue personnel wherever need be.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: PUBLIC SAFETY ADVISORY BOARD
RECOMMENDATION RE PURCHASE OF BOAT FOR INTRACOASTAL
PATROL AND SECURING A "NO WAKE' ZONE FOR THE TOWN'S
PORTION OF THE INTRACOASTAL.
There was some discussion of these recommendations; however, no action was taken
at this time.
B) BOARD VACANCIES: ONE (1) ON CODE ENFORCEMENT BOARD.
• No action was taken on this vacancy.
C) BOARD ACTION REPORT:
D) MONTHLY BOARD MEETINGS:
Mayor Reid read both the Board Action Report for June and the scheduled meetings for
July into the record.
5. PROPOSED ORDINANCES AND RESOLUTIONS
(1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING CHAPTER 5, BEACHES AND BOATS, BY CREATING SECTION 5.9
ENTITLED "BEACH RAKERS." (first reading 6/1; published 6/17)
This proposed ordinance was given final reading and, upon MOTION by VICE MAYOR
ASSELTA/COMMISSIONER SCALA-PISTONE, was approved following roll call vote as
follows:
Commissioner Lowe - No
Commissioner Zwick -Yes
Commissioner Scala-Pistone -Yes
Vice Mayor Asselta -Yes
• Mayor Reid -Yes
Minutes of Town Commission Regular Meeting
• Julv 6. 2004 Page 3 of 7
5. PROPOSED ORDINANCES AND RESOLUTIONS (continued)
(2) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, OPPOSING THE
STRONG MAYOR INITIATIVE FOR PALM BEACH COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN
EFFECTIVE DATE.
This Resolution had already failed to get support; however, so the Town would be on
record of opposing this issue should it come up again in the future, upon MOTION by
VICE MAYOR ASSELTA/COMMISSIONER LOWE, followed by unanimous favorable
vote, it was approved.
(3) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN AND
BEACH, FLORIDA, COMMITTING TO COMPLY WITH MINIMUM
FIRE-RESCUE LEVEL OF SERVICE STANDARDS.
Having been previously discussed, this resolution was unanimously approved upon
MOTION by VICE MAYOR ASSELTA/COMMISSIONER SCALA-PISTONE.
(4) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
• HIGHLAND BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF ITS
GENERAL OBLIGATION PROMISSORY NOTE, SERIES 2004B, IN THE
PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000, TO PROVIDE FUNDS FOR
THE CONSTRUCTION OF A NEW LIBRARY FACILITY AND COSTS RELATED
THERETO; PROVIDING THAT SUCH NOTE SHALL BE A GENERAL
OBLIGATION OF THE TOWN AND SHALL BE PAYABLE FROM THE AD
VALOREM REVENUES OF THE TOWN; PRESCRIBING THE FORM, TERMS
AND DETAILS OF THE NOTE; AWARDING THE NOTE TO BANK OF AMERICA,
N.A. BY NEGOTIATED SALE; APPROVING THE FORM OF A LOAN
AGREEMENT BETWEEN THE TOWN AND BANK OF AMERICA, N.A.; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH;
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
Mr. Saag explained that this resolution was not requesting any new funds for the new
library, rather it was a "housekeeping" resolution authorizing the Town to enter into a
loan agreement for the funds previously approved by referendum. It was unanimously
approved by favorable roll call vote upon MOTION by COMMISSIONER
LOWE/COMMISSIONER SCALA-PISTONE.
Minutes of Town Commission Regular Meeting
• July 6. 2004 Page 4 of 7
6. NEW BUSINESS
NONE.
7. MISCELLANEOUS -ITEMS LEFT OVER
MINUTES FOR APPROVAL:
Upon MOTION by COMMISSIONER ZWICK/VICE MAYOR ASSELTA, the following sets
of Minutes were unanimously approved:
MAY 25 SPECIAL WORKSHOP (BUILDING AD HOC
RECOMMENDATIONS)
MAY 25 WORKSHOP
JUNE 1 REGULAR MEETING
8. REPORTS -TOWN COMMISSION
Commissioner Miriam S. Zwick had no report.
• Commissioner Rachael Scala-Pistone spoke on several issues:
.Regarding a referendum to purchase property for "Open Space," the Commissioner
noted that because no specific property to purchase was available at this time, and more
information on financing such a project was needed, the referendum be deferred until
further notice.
.Regarding the Ocean Cove dock dispute, the Commissioner suggested that developer
Jeff Norman appear at the July Workshop to give an update on what progress has been
made.
.Regarding safety concerns for pedestrians crossing A1A in crosswalks, and the
possibility of the DOT keeping A1A swept,the Commissioner was advised the District 87
Representative Adam Hasner had been made aware of these issues and would be
working on the Town's behalf.
.Expressed thanks to resident Sue Epland and Utility Superintendent Bill Moore for their
help in providing American flags for display on July 4th.
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Minutes of Town Commission Regular Meeting
• July 6, 2004 Page 5 of 7
8. REPORTS -TOWN COMMISSION
Commissioner Robert L. Lowe commented that a referendum should be held to let the
residents decide if the Town should have a marine patrol (and the personnel to run it),
should pay for garbage collection and beach cleaning. The Commissioner cautioned all
these expenditures, if approved, would necessitate a raise in the millage rate.
Vice Mayor Joseph J. Asselta spoke on several topics:
.The Vice Mayor advised of waiting for information that would enable pursuit of the
mangrove issue.
Asked if proper notice was posted at crosswalks.
.Regarding a boat purchase, Vice Mayor Asselta acknowledged that no decision had
been made yet; however, he suggested putting a $50,000 line item in the upcoming
budget and, when we have a new Town Manager and new Police Chief, work out what
it would cost to have a boat patrol, perhaps staffed by volunteers.
MOTION was made by VICE MAYOR ASSELTA/COMMISSIONER SCALA-PISTONE
• to include a $50,000 line item in the 2004-2005 budget for the purchase of a boat, which
was voted on and failed as follows:
Vice Mayor Asselta -Yes
Commissioner Scala-Pistone -Yes
Commissioner Lowe - No
Commissioner Zwick - No
Mayor Reid - No
.Regarding the Town paying to clean the public beach, VICE MAYOR
ASSELTA/COMMISSIONER SCALA-PISTONE made the following MOTION:
To include in the 2004/2005 budget a $100,000 line item for the
Town to clean only the public land relating to the mean high water
mark on the beach.
Roll call vote was as follows:
Vice Mayor Asselta -Yes
Commissioner Scala-Pistone -Yes
Commissioner Zwick -Yes
Commiaaioner Lowe - No
• Mayor Reid - No
Motion passed by majority vote.
Minutes of Town Commission Regular Meeting
• July 6, 2004 Page 6 of 7
8. REPORTS -TOWN COMMISSION (continued)
Mayor Thomas J. Reid replied to the ideas put forth by his fellow Commission
members, saying it would be prudent to determine their actual combined cost, as well
as get the citizenry involved.
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney advised that the Waste Management extension of
contract (Consent Agenda) provided for a rate differential as regards the annual CPI;
special rate adjustments must relate to the out of ordinary and be provable by the
company.
Attorney Sliney spoke of the work that he and Attorney Charles Schoech had already
dine regarding the Open Space referendum, and advised time was of the essence if the
Commission wanted it on the November ballot. Discussion took place, concluding with
a consensus to table the issue until further notice.
Attorney Sliney also advised the courts had awarded a $18,413 award to the Town as
part of bankruptcy settlement of the Government Risk Insurance Trust (GRIT).
• 10. REPORTS -TOWN MANAGER
This being his last Commission meeting before the leaves to become the Assistant Town
Manager of Jupiter, Town Manager Ben Saag addressed the Commission and residents
with a prepared speech, which is attached to and made part of these Minutes
11. CONSENT AGENDA
The following items were unanimously approved upon MOTION by COMMISSIONER
WICK/COMMISSIONER SCALA-PISTOLE.
(1) SETTLEMENT: INSURANCE CLAIM REGARDING POLICE
DEPARTMENT COMPLAINT.
(2) EXTENSION OF CONTRACT WITH WASTE MANAGEMENT FOR
SANITATION.
(3) CONTRACT WITH COIN BAENZIGER & ASSOCIATES RE
RECRUITMENT OF NEW MANAGER
(4) APPROVAL OF AMENDMENTS #1 AND #2 RE GAS TAX INTERLOCAL
• AGREEMENT TO ENSURE EQUITABLE DISTRIBUTION OF GAS TAX
REVENUES AMONG MUNICIPALITIES AND COUNTY.
Minutes of Town Commission Regular Meeting
• July 6, 2004 Page 7 of 7
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
Jean Ellis spoke regarding beach cleaning; Harold Hagelmann spoke about requesting
aid from Boca/Delray regarding marine patrol.
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor Reid
adjourned the Regular Meeting at 3:50 P.M. upon MOTION by COMMISSIONER
LOWE/COMMISSIONER WICK.
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Attest:
APPROVE:
Tho as J. Rei 2(yor
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J ph J. Ass a, Vice Mayor
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Hobert L. Lowe, C
Rachael Scala-Pistole, Comm
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Miriam S. , Co ssioner
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