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2001.07.31_TC_Minutes_Workshop~. TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday. July 31. 2001 1'30 P M Mayor Thomas J. Reid called the Workshop 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 and Commissioners John J. Sorrelli, Robert L. Lowe and Rachael Scala-Pistone were present. Town Attorney Thomas E. Sliney was also present, as were members of the general public. Town Manager Ben Saag was absent due to illness. After roll call, the pledge of allegiance was given. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA • Upon MOTION . by VICE MAYOR HILL/COMMISSIONER LOWE, the agenda was accepted as presented. Before addressing the agenda, Mayor Reid read into the record a Proclamation in memory of board member Mike Browner (copy attached to and made part of these Minutes). 2. PUBLIC COMMENTS AND REQUESTS Victor Hadeed, 3201 S. Ocean Blvd., expressed concerns over the proposed ordinance regarding a Town ban on the use of cell phones by drivers of moving vehicles, including insufficient statistics relating to vehicular accidents and difficulty in enforcing; he suggested that should it be the Commission's decision to adopt such ordinance, that the use of "voice activated" cell phones should be noted as lawful. Joseph Yucht, 4748 S. Ocean Blvd., reiterated his support of the proposed ordinance as referenced above, citing residents' safety. Mr. Yucht also asked for an update on the county park and commented on what he considered a misleading Palm Beach Post headline regarding an increase in Town taxes for FY 2001/2002. Jean Ellis, 4205 S. Ocean Blvd., requested that some way be devised to cull the raccoon • population, as their habitat has been disturbed by continuing construction and they are encroaching on her property, causing damage and destruction. • Minutes of Town Commission Workshop Meeting July 31, 2001 Page 2 of 5 2. PUBLIC COMMENTS AND REQUESTS (continued) Turtle Coordinator Jose Echeverria, 1112 Russell Dr., gave an update on nestings thus far. 3. PRESENTATIONS (1) BILL ANDREWS, STATE REPRESENTATIVE -LEGISLATIVE UPDATE Representative Andrews addressed several issues: improvements to Town section of A1A by the DOT. improvements to drainage on Coronado property (mitigation monies). improvements to intangible tax requirements. health care issues (HMO's, generic drugs). new voting equipment for Palm Beach County (touch screen/voter education). high speed trains for State (alleviate future traffic gridlock). ban on cell phones by motor vehicle drivers (not popular statewide). • All comments/questions posed by the Commission to Mr. Andrews were answered to their satisfaction. (2) FRANK ZAMMIELLO -REVISION TO SETTLEMENT AGREEMENT FOR TOSCANA (SOUTH TOWER) Mr. Zammiello advised that because many buyers have expressed an interest in larger apartments, he requested that the Commission consider an amendment to the settlement agreement for the third tower, yet to be constructed. Mr. Zammiello said his proposal would add 34" to the overall height of the tower, i.e., 194' to 196'10" (also, ceiling height of each floor would be reduced from 9'6" to 9'2"); this would allow for larger apartments, which would ultimately reduce the total number of allowable units for the entire project (all three towers) from 427 to a guaranteed 415 (perhaps 409/410) and also result in a 5%-8% tax revenue for the Town. It was the consensus that Mr. Sliney would consult with the Building Official and have a proposed amendment to the settlement agreement ready for consideration at the August 7 Regular Meeting. 4. BOARDS AND COMMITTEES A) Board. Correspondence: Financial Advisory Board recommendations were • accepted `as regards auditor selection and the FY 2001/2002 budget. It was the consensus that the auditor contract be awarded at the August 7 Regular Meeting; budget • Minutes of Town Commission Workshop Meeting July 31, 2001 Page 3 of 5 4. BOARDS AND COMMITTEES (continued) considerations would begin at a Special Meeting to set tentative millage and a public hearing immediately following the Workshop. B) Board Vacancies: One (1) on Financial Advisory Board. It was the consensus that this vacancy be filled as soon as possible. C) Board Action Report: None. D) Monthly Board Meetings: Previously Noted. 5. PROPOSED ORDINANCES AND RESOLUTIONS AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 5, OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, ENTITLED "BEACHES AND BOATS," BY ADDING A NEW SECTION ENTITLED LITTERING. • It was noted that this proposed ordinance will be given final reading at the August 7 Regular Meeting. 6. NEW BUSINESS (1) DISCUSSION RE: - AN ORDINANCE AND/OR A RESOLUTION PERTAINING TO A BAN ON THE USE OF CELL PHONES BY DRIVERS OF MOVING VEHICLES. Substantial discussion took place regarding the cell phone ban issue, with Attorney Sliney advising that adoption of the proposed Resolution requesting the Florida Legislature to enact legislation in this regard would be appropriate at this time; however, he also advised it would be in the Town's best interest if the adoption of an ordinance be postponed until other issues, including jurisdiction, are clarified. It was the consensus to move the proposed Resolution to the August 7 Regular Meeting for adoption, and to postpone any action on the proposed ordinance (copy of each attached hereto and made part of these Minutes). (2) DISCUSSION RE: -AUDITOR CONTRACT As previouslydiscussed, the details of this contract will be discussed at the August 7 Regular Meeting; and the contract awarded to Haas, Diaz & Co., as per the Financial Advisory Board's recommendation. • • Minutes of Town Commission Workshop Meeting Julv 31, 2001 Page 4 of 5 7. MISCELLANEOUS -ITEMS LEFT OVER The following sets of Minutes were moved to the August 7 Regular Meeting for further consideration and possible approval: June 26, 2001 - Workshop Meeting July 3, 2001 - Regular Meeting July 6, 2001 - Special Meeting 8. REPORTS -TOWN COMMISSION Commissioner Rachael Scala-Pistone advised the beach warning signs were ready for installation; also beach advisory warnings will be run on government channel 20. Commissioner Robert L. Lowe requested an update on the Reverse 911 project; Lt. Roy Holland advised of the installation timeline and said training would begin on August 8. Commissioner John J. Sorrelli had no report. • Vice Mayor Michael W. Hill had no report. Mayor Thomas J. Reid advised he would seek an update from the county regarding the proposed park in the south end of Town. 9. REPORTS -TOWN ATTORNEY Attorney Thomas E. Sliney had no report. 10. REPORTS -TOWN MANAGER Mayor Reid advised that the following items would be reported by the Town Manager at the August 7, 2001 Regular Meeting: (1) South Florida Water Management District (SFWMD) Well Grant Application. (2) Hurricane Video Telecast Schedule. (3) Condominium Beach Signs -Update 11. CONSENT' AGENDA None. . Minutes of Town Commission Workshop Meeting July 31, 2001 Page 5 of 5 12. ADJOURNMENT There being no further business to come before the Commission at this time, Mayor Reid adjourned the Workshop Meeting at 3:05 P.M., upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER SCALA-PISTONE. APPROVE: ~(' ~ Gi:.~Q.k ~____ Thomas J. Reid, Mayor ter,-~,~ _~=- ,t. Michael W. Hill, Vice Mayor ~~ C~-~~~~- John J. Sorrelli, Commissioner - ~ 1 Robert L. Lowe, ` ommission~-~--~~ " "> I Scala-Pistone Attest: ;'