2003.11.25_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday. November 25. 2003 1.30 P M
Mayor Thomas J. Reid called the Workshop Meeting to order in Commission Chambers
at 1:30 P.M.
Before addressing the Agenda, Mayor Reid called for a moment of silence in memory
of former Commissioner Paul R. Kane, Sr., noting Mr. Kane's many years of dedicated
service to the Town.
Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Michael W. Hill and
Commissioners John J. Sorrelli and Rachael Scala-Pistone were present. Commissioner
Robert L. Lowe was absent.
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
Mayor Thomas J. Reid requested the Agenda be amended to include a Presentation by
Dr. Seymour Strauss regarding possible funding for a Chamber Orchestra. There was
no objection and the Agenda was accepted as amended.
2. PUBLIC COMMENTS AND REQUESTS
Alfred Bresnahan, 3310 S. Ocean Blvd., referred to the cost increase for the R.O. plant.
he noted a meeting he had with Attorney Sliney, wherein it `was advised that, per the
Florida Constitution, because the original $8 million bond issue pledged ad valorem
taxes, it was required to go to referendum for voter approval; however, the additional
cost of $4.5 million was approved by Resolution, as it pledged franchise fees. Mr. Saag
replied that he will shortly present a cost synopsis on this issue.
John Falcone, 3008 S. Ocean Boulevard, referred to a comprehensive engineering study
done in 2000 which specifically recommended that swales not be used to correct
drainage problems on A1A and questioned whether the study was flawed or ignored. Mr.
Falcone further stated that the definition of "swale" was not what had been installed. Mr.
Saag stated that the DOT needs to answer Mr. Falcone in writing, with a copy to the
Town.
Minutes of Town Commission Workshop Meeting
November 25. 2003 Page 2 of 5
2. PUBLIC COMMENTS AND REQUESTS (continued)
Joseph Yucht, Boca Hi, suggested the Town adopt a Resolution noting its displeasure
with the results of the A1A work.
Joseph Asselta referred to the standing water in the swales and if the problem lies with
the DOT or the Department of Health.
3. PRESENTATIONS
Dr. Seymour Strauss referred to the first successful concert given by the Chamber
Orchestra last year at St. Lucy's Church, and again made a plea to the Commission for
their support of the orchestra by donating $5,000.
4. BOARDS AND COMMITTEES
A) BOARD CORRESPONDENCE: NONE.
B) BOARD VACANCIES: One (1) on Board of Adjustment (Betty Jane
Hofstadter's term completed).
• Since no Board of Adjustment meetings were scheduled in the near future, it was agreed
there was no hurry to fill this vacancy.
C) BOARD ACTION REPORT: NONE.
D) MONTHLY BOARD MEETINGS: PREVIOUSLY SUBMITTED.
5. PROPOSED ORDINANCES AND RESOLUTIONS
NONE.
6. NEW BUSINESS
(1) DISCUSSION RE: -AWARD OF CONTRACT FOR CONSTRUCTION OF
MUNICIPAL LIBRARY FACILITY.
(2) DISCUSSION RE: - LIBRARY FINANCING
A copy of Mr Saag's information packet is attached to and made part of these Minutes.
Some notable points: Butler Construction of West Palm Beach was the low bidder; it
was the consensus of the Commission to include alternates 2 (retaining wall) and (3)
locks), but not alternate 1 (fire sprinklers); Bank of America had offered the best rates
Minutes of Town Commission Workshop Meeting
November 25. 2003 Page 3 of 5
6. NEW BUSINESS (continued)
for the $2 million loan approved by the voters; with the $500,000 State Grant subtracted,
the project budget was $1,910,000, less than the $2 million approved by the voters.
After substantial discussion, during which architect Peter Corrales stated he had worked
satisfactorily with Butler in the past, and principal Kevin Butler gave background
information on his company, the award of contract and approval of financing was moved
to the December 2 Regular Meeting Consent Agenda.
(3) SHALLOWAY, FOY, RAYMAN & NEWELL, INC.: CONTRACT FOR
ENGINEERING WORK ON TOWN SIDE STREETS.
Mr. Saag noted this was a budgeted item for engineering work on the side streets,
including reclaiming, repairing and repaving; the design of the speed humps will be
similar to those installed in Boca Raton. After some discussion, during which it was
noted there had been a name change to "Shalloway Engineering, Inc.," this item was
moved to the December 2 Consent Agenda.
7. MISCELLANEOUS -ITEMS LEFT OVER
The following sets of Minutes were moved to the December 2 Regular Agenda for further
consideration and possible approval:
• OCTOBER 28, 2003 WORKSHOP MEETING
NOVEMBER 4, 2003 SPECIAL WORKSHOP MEETING (INTERVIEWS
FOR NEW ADVISORY BOARDS: PUBLIC SAFETY AND
BEACHES)
NOVEMBER 4, 2003 REGULAR MEETING
8. REPORTS -TOWN COMMISSION
Commissioner Rachael Scala-Pistone read a prepared statement, which included the
intent and limitation of Open Space and Recreational Land Dedication [Chapter 20,
Section 20.2 (a) and (e)] (copy attached to and made part of these Minutes). Here
suggestion was that, given the prolonged non-action over many years on what is now
the Azure property (3200 S.Ocean Blvd), the Commission give thought to taking the
parcel by means of Eminent Domain, pay a fair market price to the owner, and build a
Town park. She also suggested that monies realized from the sale of the Town's Boca
Raton property might be used for such a project.
Commissioner Scala-Pistone also addressed the Ocean Cove dock positioning problem,
noting many residents had questions regarding the rights of the developer versus the
rights of the affected homeowners. The Commissioner questioned the Town's position
on this issue, and again said she hoped for mediation to resolve the matter.
(Copy of Commissioner Scala-Pistone's notes attached to and made part of these
Minutes.)
Minutes of Town Commission Workshop Meeting
November 25. 2003 Page 4 of 5
8. COMMISSION REPORTS (continued)
Vice Mayor Michael W. Hill, noting Commissioner Scala-Pistone's lengthy report,
suggested modifications regarding Commission procedures relating to the timing of
Commission reports would be an item he would like to discuss at the December 2
Regular Meeting.
Vice Mayor Hill also noted that monies realized from the sale of the Town's Boca Raton
property was already designated for the R.O. plant. As to resident inquiries regarding
the Ocean Cove dock issue, the Vice Mayor said many stories abound, but ultimately it
was the business only of the principals involved.
Commissioner John J. Sorrelli questioned the timetable for improved lighting on A1A.
Town Manager Ben Saag responded that it was most likely 2005, as stated in the
Town's 5-year capital improvement plan, but added he would check to ensure this
information was correct.
Mayor Thomas J. Reid addressed topics presented. The Mayor agreed with Vice
Mayor Hill as to modifications to Commission reports. The Mayor also noted that the
proceeds from the sale of the Town's Boca Raton property was tacitly earmarked for the
R.O. plant. Regarding Ocean Cove, Mayor Reid noted that ownership extends only to
the property line, so an obstruction 30-40 yards from one's property line should not
constitute a concern. As to the Azure property, Mayor Reid said, in his opinion, the
• taking of property by Eminent Domain is akin to a police action, rather odious; he also
felt other properties would be affected.
9. REPORTS -TOWN ATTORNEY
Regarding the Ocean Cove dock dispute, Town Attorney Thomas E. Sliney advised
he had talked at great length with attorneys for both sides. Attorney Sliney noted the
issue had aspects of both real estate/private and public interests, which, if it can't be
settled may end up in court no matter what action(s) the Town may or may not take. Mr.
Sliney offered to continue talks with the attorneys.
10. REPORTS -TOWN MANAGER
Town Manager Ben Saag noted he had researched the sale/availability of the property
across from Town Hall and had included this information with the Commission's Agenda
packets (copy attached to and made part of these Minutes).
Mr. Saag also advised that due to Commission holiday travel schedules, the December
30 Workshop was cancelled.
The Town Manager had also included in the Agenda packet a copy of an a-mail from
Representative Clay Shaw's office, which stated further study would be necessary
regarding timed bridge openings, per the U.S. Coast Guard. (Copy attached to and made
part of these Minutes.)
,.
Minutes of Town Commission Meeting
November 25. 2003 Page 5 of 5
11. CONSENT AGENDA
NONE.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
AI Bresnahan, Seagate Condominium, suggested that the issue of bicyclists versus
motorists would be a aood topic for the newly form Public Safetv Board.
In response, Mr. Saag noted that five (5) police officers were scheduled for bicycle
training class.
Joe Yucht, Boca Hi, touched on the following subjects:
.rising taxes? Mr. Saag responded "no;" millage remains at 4.0000.
."need" for additional space and recreation?
.survey re timed Spanish River Bridge opening -request DOT do it "in season."
Joe Asselta, Causurina, said he supported Commissioner Scala-Pistone's thoughts on
the Azure property; he said he did not agree with Vice Mayor Hill's suggestion regarding
Commission reports being modified.
•
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor Reid
adjourned the Workshop Meeting at 3:35 P.M. upon MOTION by VICE MAYOR
HILL/COMMISSIONER SORRELLI.
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APPROVE:
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Thomas J. Reid, Mayor
John J. Sorrelli,~ Commissioner
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Michael W. Hill, Vice Mayor
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Robert L. Lowe; ommissioner
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Rachael Scala-Pistone, Commissioner ~~~
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