1996.06.25_TC_Minutes_Workshop
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, June 25, 1996 1:30 P.M.
Mayor Arlin G. Voress 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
John F. Rand and Commissioners Arthur Eupel, David Augenstein and
Thomas J. Reid were present.
Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano were
also present, as were members of the general public.
After Roll Callm the Pledge of Allegiance was given.
ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
The Agenda was unanimpusly accepted as submitted upon MOTION by
COMMISSIONER REID/VICE MAYOR RAND.
96.1 PUBLIC COMMENTS AND REQUESTS
Concordia representative Michael Evert, developers of several major
condominium projects in Highland Beach (Villas Magna, Nova, Mare
and Costa), addressed the Commission on two issues. Mr. Evert
first expressed opposition to the Town's settlement agreement with
the original owners of Lot 102W (immediately north of Villa Costa),
in which density and height parameters had been granted in
perpetuity. Next Mr. Evert expressed opposition to the 200 rental
units planned for the Drexel property (just north of Town Hall),
saying he thought a rental project would devalue Town properties.
Noting there were those present today who were in agreement with
this opinion, Mr. Evert asked if the Town was contemplating any
change to its zoning ordinance to address the issue.
Mayor Voress then invited additional comments from the audience,
and residents Victor P. Hadeed (Beach Walk East) and Violet
Falcone (Ambassadors East) addressed the Commission. Mr. Hadeed
questioned if each of the rental units would be titled
individually; Ms. Falcone asked if AlA would be widened to
accommodate increased traffic.
Substantial discussion took place, with Vice Mayor Rand, Town
Attorney Sliney and Town Manager Mary Ann Mariano offering
information regarding various aspects of the project.
Attorney Sliney advised there was nothing in Town Code to preclude
rentals; in fact, the principle was much like an individual condo
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owner renting his unit. Mr. Sliney stressed that the law pertained
to the "use" of property, not "ownership", and in this case the use
would be residential not commercial, which met all requirements of
Town Code.
Ms. Mariano noted that the developer had built a comparable rental
project in Aventura, with the thought of turning it "condo" within
24-36 months; however, it was converted in only 18 months. She
advised that while it was not known if the units would be
individually titled., it was known that the intent was to eventually
convert the project to condominium. Ms. Mariano further noted that
although there was no guarantee as to how long it would take to
convert the project, as this would be a business decision, plans
indicated that the word "rental" would not even appear on the
entrance sign.
Regarding an increase in traffic on AlA, Ms. Mariano advised that
the road would not be widened; in fact, the developer had already
been in touch with the Department of Transportation and had
received necessary approvals for the project.
Vice Mayor Rand noted that the developer enjoyed an outstanding
reputation and rentals would be high-end, i.e., expected to start
at $1,000 monthly for a one-bedroom and increase to $2,000-$3,000
monthly for larger units. The Vice Mayor also reiterated that
there was nothing in the Town Code of Ordinances which would
prevent such a project from being built.
Discussion ended with those in the audience giving indication that
their concerns had been answered satisfactorily.
Jose Echeverria, Turtle Program Coordinator, gave an update on
nestings thus far and distributed a pamphlet on sea turtles as an
endangered species, which outlines ways the public can assist
during the nesting season.
9 6.2 BOARDS AND COIrIIrIITTEES
Mayor Voress noted a vacancy on the Code Enforcement Board, Victor
P. Hadeed having completed his 6-year term, and asked that the
Commission give consideration to making an appointment at the July
2 Regular Meeting.
There was no Board correspondence to consider.
96.3 PROPOSED ORDINANCES AND RESOLUTIONS
There were no proposed ordinances to consider.
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The following proposed resolution, which pertained to adoption of
the Municipal League's position regarding the school concurrency
issue:
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING THE
POSITION OF THE PALM BEACH COUNTY MUNICIPAL
LEAGUE, INC. WITH REGARD TO THE SCHOOL
CONCURRENCY ISSUE; REQUESTING THAT EACH AND
EVERY OTHER MUNICIPALITY IN PALM BEACH COUNTY,
THE BOARD OF COUNTY COMMISSIONERS AND THE PALM
BEACH COUNTY SCHOOL BOARD ADOPT THE SAME
POSITION IN ORDER THAT WE MAY ALL WORK
TOGETHER TOWARD ACHIEVING QUALITY EDUCATION IN
PALM BEACH COUNTY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
Mayor Voress, who serves on the Board of Directors of the Municipal
League, explained the League's position on this issue and, after
some discussion, it was the consensus to move the Resolution to the
July 2 Regular Meeting Consent Agenda.
• MISCELLANEOUS - ITEMS LEFT OVER
The following sets of Minutes were moved to the July 02 Regular
Meeting for further consideration and possible adoption:
May 28, 1996 - Workshop Meeting
June 04, 1996 - Regular Meeting
REPORTS - TOWN COMMISSION
Vice Mayor John F. Rand reported on several issues. He first
addressed the Town's Hurricane Awareness Program to be held
Thursday, June 27 at 1 PM in Commission Chambers. It was the Vice
Mayor's suggestion that since the program will be televised, it
should also be taped so it could be re-run several times throughout
hurricane season. The Commission readily concurred with this
suggestion.
Regarding Adelphia Cable, the Vice Mayor noted Town Manager Mariano
had been in touch with them relative to their informing residents
of their plans for expanding channel selection. He added that this
expansion could well meet the needs of residents' TV requirements
and, in this regard, suggested that those who might be considering
it, defer purchase of the new, small satellite dish until this
expansion was in place.
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Vice Mayor Rand next reported on a meeting he had with
representatives of Barnett Bank to determine what Barnett might
offer the Town regarding financing of the proposed Town Hall
renovations, when and if the Town Commission makes a decision on
this project.
The Vice Mayor noted he had received a letter from the Manager of
Boca Highland, solely for informational purposes, regarding a
dispute between a developer and Boca Highland. He advised a copy
has been furnished to the Town Commission, Town Attorney and Town
Manager; Attorney Sliney will review the matter and advise if a
further report is in order.
Referring to rubbish and bush and tree plantings that he has
noticed laying curbside on the Town's streets, sometimes for
several days at a time, Vice Mayor Rand requested that the
violators be made aware of the Town Code in this regard, including
notice on Government Channel 12 and the Community Newsletter.
In the discussion that followed, Ms. Mariano advised that when an
outside contractor is hired for this kind of landscaping service,
the cuttings should be removed by them; if the work is done in-
• house, the vegetation is picked up on Thursdays. She also noted
that "door hanger" reminders which specifically spoke to this
violation have been and are continuing to be given out to
violators; Chief Cervasio concurred with Ms. Mariano's remarks.
Under his report, Commissioner Arthur Eypel gave background
material on the proposed resolution he had presented to the
Commission just prior to the Meeting. The Commissioner noted that
it was the follow-up to the previously adopted resolution (No. 686,
May 7 Regular Meeting), which opposed President Clinton's 1996
budget request to remove federal participation in all water
resources projects, including beach renourishment, which were not
"nationally significant."
Commissioner Eypel explained that the proposed follow-up resolution
had been transmitted from the Florida Shore & Beach Preservation
Association; it urges adoption of the "Shore Protection Act," which
will ensure the federal government's participation in a more
"common sense" way. The Commissioner noted that passage of the Act
is critically important to the State of Florida.
After some discussion, it was the consensus to include the proposed
resolution on the Consent Agenda for the July 2 Regular Meeting.
Commenting on the highly technical nature of the issue,
Commissioner Eypel took the opportunity to publicly recognize Mayor
Voress for his continued and concerted efforts, since 1993, in
dealing with the State to prevent the westward movement of the
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Coastal Construction Control Line. The Mayor thanked the
Commissioner for his remarks and said he would be relating details
of his latest trip to Tallahassee regarding this issue when he gave
his report.
Neither Commissioner David Augenstein nor Commissioner Thomas J.
Reid had a report.
Mayor Arlin G. Voress brought the Commission up to date on his trip
to Tallahassee to meet with representatives of the Department of
Environmental Protection for the reasons described in his report
given at the June 04th Regular Meeting. The Mayor advised that the
trip was successful in that the DER not only withdrew the proposed
regulation that included. seawalls, it had agreed to the original
understanding that Palm Beach County would be allowed input into
the model as it was being run. He said he would report on further
developments as appropriate.
Referring to the 125' tall steel water tank which is situated
behind Town Hall, the Mayor advised that, for the first time in
approximately 25 years, its interior will be inspected within the
near future. He added that during that time full precautions will
• be in effect in all areas regarding water supply and pressure, as
well as physical safety for residents and properties.
Town Attorney Thomas E. Sliney had no report.
Under her report, Town Manager Mary Ann Mariano first noted that
she had placed a full text of materials distributed at the School
Board/County Commission/Municipal League Meeting held on May 27
regarding the school concurrency issue in the Commission Office for
the members' information.
Regarding an Adelphia update on channel expansion, Ms. Mariano
referred to her recent memo to the Commission, wherein she advised
that Adelphia will be in touch with all Town residents in the near
future, via a special mailing, advising them of planned upgrades.
Concluding her report, Ms. Mariano advised that she was still
working on refining cost and space particulars regarding Town Hall
renovations and would report to the Commission when this
information was available.
There being no further business to come before the Commission at
this time, Mayor. Voress adjourned the Workshop Meeting at 2:25 P.M.
upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER EYPEL.
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ATTEST:
DATE.:
David Augenste
~ir»-r [ems ~ ~ '~/; ~
Thomas J. Reid, Commissioner
Arlin G. Voress, Mayor