2003.07.01_TC_Minutes_Regular
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday. July 1. 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.
1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
At Town Manager Ben Saag's request, the Agenda was amended to include a resolution
endorsing Vice Mayor Hill's appointment to the Regional Transit Board. There was no
objection and the Agenda was approved as amended.
2. PUBLIC COMMENTS AND REQUESTS
Jean Ellis, 4205 S. Ocean Blvd., commented on the use of tractors on the beach for
clean-up purposes, saying they created ruts in the beachfront and did little but push
debris into mounds. Ms. Ellis requested that an alternative method be sought.
Steve Golding, 1101 B Highland Beach Drive, expressed dismay over the marina being
built by the Ocean Cove development, since he said no notice was given to owners of
surrounding properties. Mr. Golding recalled having to give such notice in the past,
when his seawall extended 1" onto his neighbor's property. Mr. Golding also stated that
positioning of a certain portion of the marina would not allow for future repair of his
seawall and boat lift as there would be no room for the needed equipment. He also
questioned if this could be considered a commercial business, which would violate Town
Code.
Susan Stowe, 1101A Highland Beach Drive, advised that because of the Ocean Cove
marina, her property was now completely land-locked and, therefore, devalued. Ms.
Stowe stated she was disconcerted that the Town would allow such a project, which, in
her opinion, so adversely affects certain of its residents.
Minutes of Town Commission Regular Meeting
JuIY 1.2003 Page 2 of 6
2. PUBLIC COMMENTS (continued)
Town Manager Ben Saag said he would prepare a response to Mr. Golding and Ms.
Stone.
AI Bresnahan, 3310 S. Ocean Blvd., requested a response to overages on the R.O.
plant; Mr. Saag said he would address this under his report.
3. PRESENTATIONS
PAUL D'ARELLI, ATTORNEY FOR LUXURY DEVELOPERS, LLC, RE AZURE
CONDOMINIUM PROPERTY
Lengthy discussion took place among the Commission members, Town Attorney and Mr
D'Arelli, who explained that developer Paul Rioff, had planned on attending, but had to
leave, not feeling well. A record of Mr. Rioffs considerable real estate projects was
presented for information purposes.
Mr. D'Arelli presented the developer as having substantially met all the terms and
conditions of the second amendment to the Azure property. However, Town Attorney
• Sliney pointed out several aspects of the amendment that were not complied with,
including the timeframe and insufficient mortgage information. Concluding his remarks,
Mr. Sliney requested the Commission give direction on how to proceed.
After substantial discussion, and upon MOTION by VICE MAYOR HILL/COMMISSIONER
SORRELLI, the Town Attorney and Town Manager were directed to negotiate with Mr.
D'Arelli and his client while the Town proceeded with the Code Enforcement process;
and further, that $10,000 be escrowed by Luxury Developers, LLC to pay for the Town's
legal fees. Motion met with unanimous favorable roll call vote.
At Mr. Sliney's suggestion that a special meeting to review the results of these
negotiations be held in conjunction with the July Workshop, because of travel schedules
it was the consensus to move the Workshop Meeting to July 22 and the Regular Meeting
to July 29 in order that everyone could be present.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE.
B) BOARD VACANCIES: NONE.
C) BOARD ACTION REPORT: The BAR for the month of June was read into
• the record by Mayor Reid.
Minutes of Town Commission Regular Meeting
July 1.2003 Page 3 of 6
4. BOARDS AND COMMITTEES (continued)
D) MONTHLY BOARD MEETINGS: Mayor Reid also read scheduled Board
meetings for the month of July into the record.
5. PROPOSED ORDINANCES AND RESOLUTIONS
(1) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, RELATING TO THE STATE REVOLVING
FUND LOAN PROGRAM; ESTABLISHING ADDITIONAL PLEDGED
REVENUES; PROVIDING FOR CONFLICTS; SEVERABILITY AND
EFFECTIVE DATE.
Having been previously discussed, this Resolution was unanimously approved by roll call
vote upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER LOWE,
(2) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH ENDORSING VICE MAYOR MICHAEL W. HILL FOR
APPOINTMENT TO THE REGIONAL TRANSIT BOARD.
• Vice Mayor Hill had previously advised that he had a personal interest in serving on this
Board, as he not only would like to see relief to road congestion and encourage mass
transit, but he regularly travels to his ofFce in Coral Gables via Tri-Rail. Upon MOTION
by COMMISSIONER SORRELLI/COMMISSIONER SCALA-PISTONE the resolution was
approved by unanimous roll call vote.
6. NEW BUSINESS
NONE.
7. MISCELLANEOUS -ITEMS LEFT OVER
(1) PROPOSED TOWN COMMISSION LETTER TO RESIDENTS RE STATUS
OF HOFFMANN PARCEL
After some discussion, it was the consensus to table the letter for further consideration
at the October 2003 Workshop Meeting. (See Minutes of June 24 Workshop)
(2) MINUTES FOR APPROVAL
Upon MOTION by COMMISSIONER SORRELLI/VICE MAYOR HILL, the following set
of Minutes was unanimously approved:
• JUNE 3, 2003 REGULAR MEETING
Town Commission Regular
• July 1.2003 Page 4 of 6
8. REPORTS -TOWN COMMISSION
Commissioner Rachael Scala-Pistone noted that the last beach clean-up had to be
cancelled due to weather conditions; however, she thanked KEY club members ,the
Police Department and Utilities Superintendent Bill Moore for being prepared to go
forward.
In response to Commissioner Scala-Pistone's request for a special workshop regarding
turtle volunteer Lucy Miller's beach cleaning proposal, Town Manager Saag advised Mrs.
Miller would be out of Town until mid-July, after which he would contact her to have a
staff meeting regarding her proposal, which he invited the Commissioner to attend.
Commissioner Robert L, Lowe reported seeing persons with flashlights on the beach
in the early morning hours, and requested the Police Department to check on this
activity.
Commissioner John J. Sorrelli had no report.
Vice Mayor Michael W. Hill had questions that the Town Manager would address under
his report.
• Mayor Thomas J. Reid remarked that he hoped in the future there would be some way
in which the Town could be involved in beach clean-up.
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
10. REPORTS -TOWN MANAGER
Town Manager Ben Saag reported on the timeline for the library grant, advising that a
contract with a general contractor must be in place by December 27, 2003; beyond that
there were no other State requirements.
Mr. Saag next addressed the additional funding for the R..O. plant as noted in the
Resolution regarding same that was approved this date, noting various aspects of the
project, some out of the Town's control, some conscious choices of the Town, i.e.,
.overruns on all phases of construction on wells 1 and 2 in phases 1 and 2.
.construction services from engineers (CH2M HILL)
.advanced noise and odor equipment
.tile roof
S .additional engineering on south side of plant
Minutes of Town Commission Regular Meeting
• July 1. 2003 Page 5 of 6
10. REPORTS -TOWN MANAGER (continued)
.added alternatives -fueling station for Town vehicles; more screening and
fire suppression equipment; infrastructure for possible future
generator
.second story office space
In conclusion, Mr. Saag assured that despite the need for this additional funding, the
millage for fiscal year 2003/2004 will remain at 4.000.
11. CONSENT AGENDA
The following Consent Agenda items were unanimously approved upon MOTION by
VICE MAYOR HILL/COMMISSIONER SORRELLI:
(1) DESIGNATION OF MAYOR THOMAS J. REID AS VOTING DELEGATE
FOR FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE.
(2) STAFF RECOMMENDED MODIFICATIONS TO LIFT STATION ONE.
• 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
AI Bresnahan, 3310 S. Ocean Blvd., stated he was not in favor of Luxury Homes, LLC
being given assignment of the second amendment to the Azure property. Mr. Bresnahan
also questioned a sales tax figure noted in the R.O. additional funding information; Mr.
Saag explained that this figure was added in originally and, therefore, ultimately
subtracted out.
Harold Hagelmann, 4748 S. Ocean Blvd., reiterated his request that the cost of putting
in pilings to accommodate a possible future second story for the new library be
ascertained. Mr. Saag said he would check with the architect in this regard.
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor Reid
adjourned the Regular Meeting at 3:20 P.M. upon MOTION by COMMISSIONER
SORRELLI/COMMISSIONER SCALA-PISTONE.
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Minutes of Town Commission Regular Meeting
• July 1, 2003 Page 6 of 6
APPROVE:
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Thoma J. Reid, May
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Mic~`iael W. Hill, Vice Mayor
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hn J. S Ili, Commissioner
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Rachael Scala-Pistone, Commissioner
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