2013.05.07_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, May 7, 2013 1:30 PM
Mayor Bernard Featherman called the Regular Meeting to order in Commission Chambers at 1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner
Dennis J. Sheridan; Commissioner Louis P. Stern and Commissioner Carl Feldman. Also present: Town
Attorney Glen Torcivia; Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Finance
Director Cale Curtis; Public Works Director Jack Lee; Building Official Michael Desorcy; Deputy Town
Clerk Valerie Oakes; Police Officer Jon Alvarez; and members of the public.
Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence.
Civility Pledge: The Civility Pledge was recited by the Town Clerk.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
Mayor Featherman asked for any additions or deletions. Receiving none, the agenda was accepted
as presented.
2. PUBLIC COMMENTS AND REQUESTS
Bill Gross, 3210 S. Ocean Blvd — This vacant lot has been flipped many, many times in the past. We are
very concerned that this doesn't happen with this new developer. We have the following concerns: Did
the town do any due diligence on both the developer and the owner? With the purchase of this property, I
am wondering if there is a contingency in the purchase of the property that they would close only on the
condition that they get a variance. We noticed there is a 20 ft. setback on the property. The pools facing
our buildings go into the 20 feet. It looks like the edge of the bottom pools will only be 10 feet away from
the property line. Who is going to be responsible for the mowing of the lawn and the trimming of the
trees during this process? We are also concerned about the lighting on the side of the building facing our
building. We do not want it lit up all night.
Town Commission Regular Minutes
May 7 2013 Page 2 of 13
3. PUBLIC HEARING
A) In accordance with Chapter 6 of Highland Beach Code; Article V — Seawalls,
Bulkheads, Retaining Walls; Chapters 6- 1279c) and 6- 126(a) — Construction of
bulkhead cap on sheet piling:
Properties located at:
4217 S. Ocean Blvd. — Owner — Robert C. Patek
4221 S. Ocean Blvd. — Owner — Marat Mamin
4301 S. Ocean Blvd. — Owner — Vito Sacchetti
Contractor for all three properties: Murphy Construction Co.
Mayor Featherman — Announced that the Town Commission would recess their Regular Meeting and hold
a Public Hearing. He then announced that the Public Hearing was now open.
Town Clerk Brown read the petitions into the record. The Town Clerk stated that there were no
communications. Then requested anyone planning to make a statement to come forward to be sworn in.
The following were sworn in by the Town Clerk: Mike Desorcy, Building Inspector and Robert Patek.
Building Officials' Statement: Mike Desorcy, Building Official — What you have on the agenda today is
three applications for the construction of seawall caps to be added to sheet pilings that were previously
approved by the Building Dept. and the Department of Environmental Protection (DEP). The Town's
Ordinances requires that the Commission approve seawalls and caps. The applications contain approval
from the D.E.P., the consulting Engineer for the Town, and I have checked the plans myself and they
comply with the technical aspects of the Town Building Code. My recommendation is that the
construction proceeds if the Commission approves.
Mayor Featherman asked if the Commission had any questions. None received.
Applicant's Statement: Robert Patek, 4217 S. Ocean Blvd — We needed a seawall for a long time. The
houses to the south of us, about eleven of them, all have a seawall. We have a stretch of about 600 feet
just south of a major reef where we get devastated just about after every major storm. With Hurricane
Sandy we lost our dune, our vegetation and half of my patio. The ocean got within seven feet of the back
door and I ended up putting another one thousand tons of sand behind the house. A week later I lost half
of that. We applied for the emergency permit to put the sheet pile in, and now it is just ready for the cap
to finish it. We will then have a seawall and protection for our properties.
Mayor Featherman asked if the Commission had any questions.
Commissioner Sheridan — On the value of the construction at $32,000, is that for the sea cap itself? The
pilings have already been installed, are those included in that figure? Robert Patek — The total
construction is around $650,000 for all three properties, but we have already paid the majority of that.
Commissioner Feldman — If you put in the seawall for the three properties, is that going to take any effect
Town Commission Regular Minutes
May 7, 2013 Page 3 of 13
on the north and south properties? Will they have to do the same thing? Robert Patek — The north
property, 200 ft., are the new townhouses, and they want a seawall because they also got really destroyed
by the last storm. This is about the fourth time since I lived here from 1998 that I had to totally replace
all of the sand on the dunes. With all of the homes being so close together, and very few vacant lots left,
it is almost impossible to access the beach to put sand back on the beach anymore. What Highland Beach
needs, and I understand you are looking into it is a beach re- nourishment project. That would solve a lot
of the problems for properties located directly on the beach for some period of time.
Mayor Featherman opened the meeting for public comments. None were received.
Mayor Featherman closed the Public Hearing and returned to the Regular Meeting.
MOTION: Commissioner Stern moved to approve the sea caps for the seawalls on 4217 S. Ocean
Blvd. Blvd., 4221 S. Ocean Blvd. and 4301 S. Ocean Blvd. Motion was seconded by Commissioner
Sheridan
ROLL CALL:
Commissioner Stern - Yes
Commissioner Sheridan - Yes
Commissioner Feldman - Yes
Vice Mayor Brown - Yes
Mayor Featherman - Yes
Motion passed with a 5 - 0 vote.
4. PRESENTATIONS
• Summary Presentation Beach Feasibility Study
Gordon Thomson, P.E.; Project Manager — Coastal Planning & Engineering Inc.
The Town of Highland Beach requested that Coastal Planning & Engineering, Inc. (CPE) develop a
feasibility report that evaluates options for protecting and restoring the beach within the Town. The
beach is one of the Town's most valuable assets and the Town requested that CPE evaluate options that
would protect the beach's natural resources, coastal property, and public health and safety.
CPE evaluated the Town's 2.84 mile beach. A site visit was conducted in January 2013 and shoreline
data from 1975 to 2008 was reviewed. In summary, the beach along the southernmost mile of the Town
is narrow and the berm is low. Scarping following the passage of Hurricane Sandy was evident. The
shoreline in the southern section appears to be controlled by three rock outcrops, of which Yamato rock
at the southern extremity is the most prominent. The average shoreline retreat rate at the southern end of
Town is 0.4 feet per year. Although the average shoreline change for the entire section of beach is an
advance of 1.2 feet per year. The beach in the northern 1.85 miles of the Town has benefitted from
repeated beach nourishments in Delray Beach. The beach in this area is wider, higher and has an
established, vegetated dune system.
Town Commission Regular Minutes
May 7, 2013 Page 4 of 13
While the historic shoreline changes are a basis for optimism, there are two issues with the current state of
the beach. The first is that while the shoreline is advancing within much of the Town and the shoreline
retreat at the south end of Town is mild, the beach is susceptible to large fluctuations due to storm events.
Large storm events can damage upland property, as experienced during Hurricane Sandy. While the
shoreline will recover, the dunes that provide much of the protection are slower to recover and typically
require the upland property owner to rebuild them by trucking in sand. The second issue is that the beach
is too narrow in some areas to support the required recreational demand of the condominiums.
CPE evaluated several alternatives including a no action alternative, upland sand placement via truck
haul, a larger scale beach nourishment project, and installation of coastal structures. It is recommended
that a larger scale beach nourishment project be pursued. While there is no imminent need for this
project, except for non - critical recreational purposes, these projects take several years to design and
permit. Ideally, permits should be in place to reconstruct the beaches should a large storm or series of
storms impact the Town.
A large scale beach nourishment project encompasses dredging sand from offshore and placing it along
the southern 2 miles of the Town's beach. The cost of construction is estimated at $9.5M, including
inflation, assuming a project is constructed in 2015. The cost of dredge projects has been increasing
faster than general inflation and we estimate that delaying project construction by an additional 5 years
(to 2020) could inflate the cost to $14M. Limited public beach access will limit availability of County,
State or Federal funding. It is recommended that other options be considered to fund a beach
nourishment program, such as an Ad Valorem Tax, Erosion Prevention District, or Municipal Service
Benefit Unit.
The beach in the Town of Highland Beach has benefited from the beach nourishment projects in Delray
Beach and to a lesser extent Boca Raton. The shoreline has advanced an average of over 1 foot/year
since 1975. The beach at the north end of the Town has advanced the most while the beach at the south
end of Town has receded. Overall the beach is in good condition and does not have an immediate need
for a re- nourishment project.
However, many of the upland properties sustained damage during Hurricane Sandy and an analysis of the
beach response in the 2004 hurricane season shows that the Town is susceptible to damage during a large
storm event or an active hurricane season. While the shoreline will recover from these events, upland
property owners will have to independently address damage to the dune system because the dunes will
not recover naturally in a short period of time.
It is recommended that the residents prepare for a nourishment project so that a pro- active response is
available if there is an active hurricane season. Beach nourishment projects can take several years to
design and permit so this process should be initiated as soon as practical.
An initial estimate of the construction cost of a beach nourishment project is $9M, assuming construction
in the winter 2015. The cost of delaying construction until 2020 could increase the cost to $14M. Cost
savings could be realized by coordinating construction with either Delray Beach or Boca Raton, which
could save some of the dredge mobilization costs. There should be sufficient sand resources directly
offshore to support multiple beach nourishment projects.
Town Commission Regular Minutes
May 7, 2013 Page 5 of 13
A beach nourishment project requires a significant cost outlay. The Town and/or residents would need to
determine whether the local government or a separate entity would undertake the permitting and
construction effort. Should the local government be involved in the funding, the Town may not be able
to cover the cost within their regular Capital Improvement Budget. If so, the Town may wish to consider
several funding mechanisms for the project including Ad Valorem taxes, creating an Erosion Prevention
District or creating a Municipal Services Benefit Unit.
_Robert Patek, 4217 S. Ocean Blvd — I do feel that in the area where my house is and the Ocean Place
Villas through that section, it is considerably worse than what was just shown. As you can see what
happened to our properties with Sandy, and it looked very similar with Wilma and a couple of other
storms before that. If the town decides not to do the beach replenishment, I feel at least the south section
of the beach should be replenished. Another option that would be extremely helpful is that you might
want to consider buying a section of beach, about 20 feet wide, and dedicate that for beach access for the
residents. You might even charge to use it for sand beach replenishment. One of the big problems we
are running into is that more and more houses are being constructed and there is hardly any place to
access the beach. Soon there will be no way to replenish our beaches, even at our own cost, if there is no
access to the beach.
Commissioner Stern — I would like to compliment you, Gordon. You did a wonderful job during your
presentation covering the binder I had the pleasure of reading during the last day or so. You say in the
beginning summary, that if we were to do beach re- nourishment now it would be $9.5M and if we wait
five years it would be about $14M. So looking at page 35, there is a Table 9 as to alternate local funding
mechanisms and it talks about Ad Valorem Tax, Bonding and it really doesn't recommend anyone of
them. What should the Commission here consider going forward in your estimation? Gordon Thomson
— I am not the best person to advise you as to which of the mechanisms are the best. A lot of that boils
down to town law, and I would have to defer to your legal counsel as to which would be the best for your
specific instance. Commissioner Stern — This chart does not recommend either Ad Valorem or Bonding.
They say it is very poor management. Gordon Thomson — That is correct. We are just presenting pros
and cons and laying out what some potential options are. Again, I have to defer this to your counsel.
You are representing the public and I can't begin to estimate how your residents would prefer to go about
doing this.
Commissioner Feldman — In Delray, when they had the first beach re- nourishing, it washed away. Is
there any way of preventing that through structures and you said you don't advise structures? Gordon
Thomson — If we were to construct a beach out here, within six months you would have a lot of people
saying the beach is gone because of the calibration process. Our recommendation is always to put sand
into a system before you start looking at how you can manage your sand resources with structures;
because a structure is very difficult to permit, and if you don't fully understand everything that is going
on around that structure, you can actually make the problem worse. A lot of these projects will last
anywhere from six to ten years. The first one generally is the shortest and then, over time, the period
between these projects increases and the volume required tends to go down. When you build a beach, at
some point, you may have to go back and rebuild. Highland Beach has been very fortunate because a lot
of the sand repeatedly from Delray has moved its way down.
Town Commission Regular Minutes
May 7, 2013 Page 6 of 13
Town Manager Weiser — Gordon, great presentation. To make it perfectly clear, the cost in today's
dollars would be $9.5M in construction. What on top of that for permitting and design? Gordon
Thomson — Permitting and Design might be anywhere from about one half million to three quarters
million dollars. The next stage is mitigation for the hard bottom that is there. It is impossible to know,
before you actually start talking to the agencies, as to what they would require in mitigation and how
much. If you can show that the hard bottom is a femoral and most of the time covered up, how does that
figure into their calculations. That very much is the discussion in negotiations that goes on with the
permitting agencies. The cost of that could be anywhere from zero to a million dollars. Town Manager
Weiser — In reality, even though the construction cost is $9.M, there could be an additional $2M in
permitting and design fees. Gordon Thomson — The mitigation work would be lumped into construction.
That would be something that you do at construction or immediately before construction
Please note: The complete presentation can be found on the Town of Highland Beach's website under
Agendas and Minutes; Archived Videos.
5. BOARDS AND COMMITTEES:
A) Board Correspondence:
• None
B) Board Action Report:
• Read into the Record
C) Board Vacancies:
• Board of Adjustment & Appeals — One Appointment
D) Monthly Board Meetings
• Planning Board — May 8th — 9:30 AM
• Beaches & Shores Advisory Board — May 14 - Canceled
■ Bd. of Adjustment — May 15" — 2 PM.
■ Code Enforcement Board — Meetings are scheduled on a "as- needed" basis
6. PROPOSED ORDINANCES AND RESOLUTIONS:
A) RESOLUTION NO. 13 -003 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE
EXTENSION OF RESOLUTION NO. 10 -002R WHICH PROVIDED FOR AN EXTENSION OF
THE VARIANCE AND DEVELOPMENT ORDER OF THE HIGHLAND BEACH
RENAISSANCE; PROVIDING FOR APPROVAL OF REVISED FAQADE AND ELEVATION;
PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFICTIVE DATE.
• Presentation by Attorney Thomas Sliney and Kobi Karp Architects
Representing 3200 Highland Beach Holdings, LLC.
Town Commission Regular Minutes
May 7, 2013 Page 7 of 13
Town Attorney Torcivia — This relates to the Renaissance project. As you recall, at last week's Workshop
meeting, you had a presentation by the applicant and they were going to come back to today's meeting.
Since then we have had some conversations on the extension and really believe that the safer course is to
have the Planning Commission review this first. I am suggesting the Town Commission not vote on this
today. I did not have this removed from the agenda since the residents had been noticed. Even though the
applicants did not need to appear here today, since it wasn't going to be voted on, they were gracious
enough to come and make a brief presentation for the residents that did come.
Attorney Mitch Kirschner 1515 N. Federal Highway, Boca Raton — I am here on behalf of the Developer,
3200 Highland Beach Holdings. At the last meeting we, like you, thought there would be a vote here
today so one of the partners, the architects and our engineer are not here today. We were told that some of
the residents had questions after the Workshop and we are here to answer them. The property was
purchased at a foreclosure sale on an "as is, where is" basis. Gary and Mike did a little research and found
that the property had benefited from a prior approval which had been extended. They looked at the prior
approvals and determined they could, would and should build the 3200 building in accordance with those
approvals. The owners have stated that they will mow and maintain the property. We can assure you that
the height is as previously approved; the setbacks will be honored according to code; there are no
variances sought; there is no technical deviation sought; there will be the same street accesses as approved
on the previous plan. The highlights of what has changed in the aesthetics are as follows: the trellis that
was attached to the edge of the porte cohere roof along the perimeter of the second floor was deleted;
more decorative steel railings were added to the roof on the side elevations; the two tone pink coloration
of the original design was changed to a more refined monochromatic pallet; window and door placement
on the balconies have been adjusted. Gary and Michael are owners of this property and have every
intention to build this according to the plans, and it will be a condominium project.
Bill Gross, 3210 S. Ocean Blvd — Can you tell us a little bit about your development background? What
you have done recently, particularly in the condominium area?
Gary Cohen, 3200 S. Ocean Blvd — My partner Michael and I have been involved in several projects. We
recently bought a property in South Palm Beach, also on the ocean, and are about to start a redevelopment
project and build condos there. I have been involved in some condo and hotel projects in Miami Beach.
We currently own the Cavalier Hotel in South Beach and have done some of the redevelopment work on
the Savoy Hotel in South Beach. We built a condo project in Miami Beach called 1500 Ocean Drive. We
have a great deal of experience in doing acquisitions and developments of projects from ground up.
Karen Gross, 3210 S. Ocean Blvd — I am questioning the 20 ft. setback. It looks as if the first floor is
intruding into the setback. Mr. Cohen — As far as I know all the plans are as per the required setbacks of
the property. They adhere to the previously approved plans and we instructed our architect to work
exactly towards those plans. So what you see here today, short of the color and a few aesthetical changes,
it is the exact same plans. I asked the question to the architect about the pool that you addressed earlier,
but I believe everything is in order.
Commissioner Feldman — We are being asked to reinstate a project that we were not sitting here, as
Commissioners, for the original and have not seen what the variances were at that time. The variance for
the height to be brought up to 90 feet has expired. My question to the Town Attorney is that when a
variance expires, could you just extend that variance? Town Attorney Torcivia — That is why we are
Town Commission Regular Minutes
May 7, 2013 Page 8 of 13
going back to the Planning Board. There are two theories here. The original theory was that the
Legislature passed a law a few years ago, commonly known as 360. Because of the economic downturn
whole sale throughout the entire state, any of these types of development permits, development orders and
previous approvals were automatically extended. Subsequent to that, the Legislature passed that law again
and kept extending it. The applicants had to make application for it. Previous applicants one time did; but
the second time did not. So that is why we have taken the position that the State Law exemption has
expired; but the same theory holds true. The Town Code allows an extension as well of up to one year.
That is why we suggested this go back to the Planning Board because that is the town's process, and then
bring it back here for the extension. It is your decision at the next meeting whether you grant the
extension or not. If you grant the extension, it is almost like the sale "as is ". They are requesting an
extension of all the variances and approvals that were hashed out in the past on this project, with the only
exception being the aesthetics and the fagade issues. Commissioner Feldman — Are we starting a
precedent with the 90 foot height? Can a developer on another piece come in and say you did it for these
people can you give us 90 feet? Can they demand it? Town Attorney Torcivia — Anyone can request a
variance. We are not setting a precedent here. Each variance is unique and you have the ability as a
Commission to look at each project; look at all the factors, the setback, height, effect on the neighbors and
make your decision because a variance is not a right, it is a request. The previous plans with all the
variances are available in Town Hall and will be distributed to the Planning Board and the Commission
before the next meetings. Commissioner Feldman — What are you asking the Planning Board to do with
this application? Town Attorney Torcivia — Your Code Section 30 -21 (g) (6) says that the Planning Board
is to consider and make recommendations on all time extension requests. Under the Code they have the
obligation to consider this request before it comes to you; make a recommendation to you as to whether to
grant that extension; deny that extension or approve it with modifications. In addition, there is a slight
change in the fagade and the Planning Board will have to look at this and make a recommendation to you
regarding the fagade as well. We are expediting this; so the Planning Board will have a special meeting
on May 20 which will be in time for your next Workshop meeting on May 28 and then your first
meeting in June for final consideration. Commissioner Feldman — On the Resolution itself, you were
going to put in some time limits, etc. Town Attorney Torcivia — I prepared a draft and the Planning Board
will see that draft and what we are going to be recommending to the Commission and they may have some
comments on it. Commissioner Feldman — My question to the Developer and Builder is, being an abutter
as well as Commissioner Sheridan, the Mangroves are a mess. If they give you an extension, you still
have a year to apply for the permit and then another year before you start building; are you going to clean
up this mess and cut the Mangroves down to the 15 feet which is code during this time span. Gary Cohen
— We still have to study the Mangroves. We certainly will cut them down to the 15 feet which is required
by Code. We have not fully researched the Mangroves yet. We are looking into the idea of mitigation
which has been done around town by several developers. We certainly will clean up the Mangroves
between now and then.
Commissioner Stern — We knew that the last plans were for 15 units and the new plans are for 22 units.
What are you planning for the 15 units in price range? Ga_U Cohen — We did change the plans from 15 to
22 units. We felt that the economy, although signs are good, still certainly has not returned to what it was
pre - market crash. The 15 units averaging 4,000 sq. ft. or so, the price was just too high for the market
place. We are building a very high end luxury project here. It will be 22 units and the average square
footage of each unit will be about 2500 sq. ft. These units will sell in excess of one million dollars. We
expect to put some dockage back on the Intracoastal just as an amenity to the project. We are not sure
how much dock space will be able to get.
Town Commission Regular Minutes
May 7, 2013 Page 9 of 13
Commissioner Sheridan — As a next door neighbor, I am also very concerned about the cleanliness of the
Mangroves. If you would give this some serious consideration, we would certainly appreciate it.
Mayor Featherman — What are the plans for the delivery of materials, and where will they bring them in so
it won't stop the traffic, or affect the walking on the sidewalks or the general community? Gary Cohen —
There are still some studies to be done. I expect the staging to be done towards the east end of the
property.
Arthur Tobinick, 3211 S. Ocean Blvd — How long will this construction take? In terms of noise, what
will it be like for us who live in the condos next to the construction site, hours of operation, traffic studies,
etc.? Mr. Cohen — Given that there is only going to be 22 units, I don't really expect it to impact the
traffic on AIA very much. As far as the hours of construction, that will be according to Town Code: 8:00
a.m. to 6:00 p.m. Monday thru Friday. There is not much I can do about the noise. The construction itself
will take about fourteen months to complete.
Karen Gross, 3210 S. Ocean Blvd — Years ago the previous builder came to the condos and gave a
presentation which was very beneficial to the neighbors. Are you planning on doing the same thing?
Mr. Cohen — I will be happy to.
Diane Burns, 3211 S. Ocean Blvd — I was told there was going to be a pool on the roof and the air
conditioning units. Are they going to be exposed to the neighbors nearby? Also, what about the beach
access for these residents? Gary Cohen — There is no pool on the roof. The air conditioning units will be
on the roof and will be covered as humanly possible. There is a sound ordinance that covers that as well.
Attorney Kirschner — They received a title insurance policy which shows that the property is subject to a
reciprocal beach access that they will have to honor. It is to the building just to the south of the property.
Commissioner Feldman — How are you going to handle the workers' parking? Gary Cohen — I don't
know the answer to that yet. It is going to be a staging question. I should have an answer to that within
the next 90 days. Commissioner Stern — I suggest you have an answer to that question when you see the
Planning Board on May 20 Gary Cohen — There is a lot to be done and I will try.
7. NEW BUSINESS
A) Review of proposed contract for sale of Town owned Boca Raton Property and
Authorization to the Mayor /Town Manager to sign said contract.
Town Manager Weiser — You have in front of you a statement from the appraisal company, and I am
happy to say that the appraisals for both pieces of properties came in exactly the same as what we
negotiated as a purchase price. This is not the actual appraisal. We will be receiving that; but they wanted
you to have the statement for your deliberations today. On top of that, the company that did do the
appraisal is the company that did this for the Town in the past. They are very familiar with the property;
they know what it was valued in the past; they know the history on the property. You can have a comfort
level in knowing that the purchase price that we negotiated for this property is right where it should be.
Town Commission Regular Minutes
May 7, 2013 Page 10 of 13
Town Attorney Torcivia - The purchaser, Doug Durett, has recently sent the contract to his attorney,
Mitch Kirschner who will be reviewing it. The basic terms are pretty much agreed on already. We will
have it back to you for the next meeting to vote on.
Mayor Featherman — We need to have an actual appraisal in hand. Town Manager Weiser — The reason
why they gave you this statement is they gave you the valuation numbers. What the appraisal is going to
contain is all the background information of the comparisons and how they got to that number.
Commissioner Feldman — Is there any contingency of purchase on the property by EPA regulations in the
selling agreement? Town Manager Weiser — The property is "as is ". Commissioner Feldman — The
EPA still has the right to inspect it because there was some debris and oil as part of the construction that
was there before. Town Manager Weiser — The buyer has a 60 day timeframe after they sign the contract
that they can have any evaluations or any assessments. Commissioner Feldman — So they can cancel the
deal if they wanted to.
8 MISCELLANEOUS — ITEMS LEFT OVER:
None
9 REPORTS — TOWN COMMISSION:
A) Commissioner Carl Feldman — At the last meeting the Town Attorney informed us of putting
on a ballot a petition or a ballot measure for 380 signatures. We got many calls and we have two people
who volunteered to head up the committee; Adrienne Barbie and Melvin Zelniker. We also have two
lawyers who volunteered to write up the petition itself and the ballot measure. They will be going
forward. What is the latest they can submit this to the Town to get on the March ballot? _Town Attorney
Torcivia — I will have the Town Clerk check with the Supervisor of Elections.
B) Commissioner Louis P. Stern — Due to the time, I am going to make a brief report on an article
that I read. Actually it ties in very nicely with the presentation we had today on our beach. Breezy Point,
New York got hit much more than we did by Sandy, of course. There are 2400 out of 2800 homes that are
still not able to be used. It is now six months later and applications for building permits by the Breezy
Point Cooperative have been denied the City's Department of Building citing that they are using a wrong
map and that it is going to take them at least six more months through Standards and Appeals to possibly
get the very first permit issued. It is very scary.
C) Commissioner Dennis J. Sheridan — I see our arial truck is back in Town after thirty
thousand dollars spent in repair. As I mentioned at our last meeting, I strongly feel we should listen to the
advice of Chief Connor and move forward to replace this truck. As our Town Manager mentioned, she is
investigating the possibility of Delray Beach purchasing the truck and we add the expense to our present
contract which may be spread over several years. Whichever path we take, we must realize the truck will
have to be replaced in the near future and it takes at least one year from date of order to delivery.
Town Commission Regular Minutes
May 7, 2013 Page 11 of 13
I would also like to mention the fact that from April 1 to April 30, we had fifty -three real estate
transactions in our Town ranging from $800,000 to $7,200,000. 1 guess the economy is starting to come
back.
D) Vice Mayor Ron Brown — No Report due to the time.
E) Mayor Bernard Featherman — I have been contacted by a number of people regarding our
bicycle situation. The Police Dept. has been ticketing bicyclists who offends the law. If there is no ID
when they do give a ticket perhaps we can, through a Resolution, impound their bicycle until they produce
an ID. Chief Hartmann said this would be a difficult thing to do. I would like this to be considered in the
future that we have a Resolution to address this problem.
Regarding the fire truck issue, we pay a little less than three million dollars a year for the services of all
the fire personnel. I believe that, in checking with people, there is no maintenance fee that we have to
pay. It is included in that. The thing that bothers me is that for six months we did not know where our
ladder unit was. We have had maintenance charges of $20,000 and expect to have an additional $5,000
to $6,000 in repairs. My question is, where was our equipment all this time, and who was responsible for
letting us know. It will cost around $850,000 to replace the equipment. This is something you should
think about because right now we do not have the money.
10. REPORTS — TOWN ATTORNEY:
No Report.
11. REPORTS —TOWN MANAGER:
We have all the records where the fire truck has been, administratively, in our office any time you want to
look at them.
At the next Workshop, we are going to be discussing the Capital Improvement Plan which will entail the
entire different project we have been talking about. I anticipate this will be a very long meeting but we are
really going to have to put the pencil to the paper and start to figure out when we will be doing different
prof ects.
12. CONSENT AGENDA
Mayor Featherman asked if any item needed to be removed from the Consent Agenda.
Town Clerk Brown read the Consent Agenda into the record:
A) RESOLUTION NO. 13- 004 R
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
Town Commission Regular Minutes
May 7, 2013 Page 12 of 13
RESOLUTION 755 OF THE TOWN OF HIGHLAND BEACH, FLORIDA AND
CLARIFYING THAT THE PROCEEDS FROM THE SALE OF TWO PARCELS OF
LAND WHERE THE TOWN'S OLD WELL FIELD AND WATER PLANT ARE
LOCATED HAVE NOT BEEN PLEDGED, DEDICATED OR OTHERWISE
RESTRICTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF RESOLUTIONS IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
B) Commission authorizes the Issuance of a One -Year Blanket Purchase Requisition to
Harcross Chemical, Inc. for 25,200 Gallons of Sodium Hydroxide in the amount of
$ 47,880.00. Funding is budgeted in Account Number 401 - 533.000 - 52.000.
C) Authorization to place a Town Ad in the Florida League of Cities Conference Issue of
the Quality Cities Magazine.
D) Approval of Minutes:
March 25, 2013 — Workshop Meeting
April 2, 2013 — Regular Meeting
MOTION: Commissioner Sheridan moved that the Consent Agenda is accepted as read by the Clerk.
Motion was seconded by Vice Mayor Brown.
ROLL CALL:
Commissioner Sheridan - Yes
Vice Mayor Brown - Yes
Commissioner Stern - Yes
Commissioner Feldman - Yes
Mayor Featherman - Yes
Motion passed with a 5 -0 vote
13 PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
14 ADJOURNMENT
There being no further business to come before the Commission, Mayor Featherman adjourned
the Regular Meeting at 3:17 PM upon a MOTION by Commissioner Stern; seconded by
Vice Mayor Brown.
Town Commission Regular Minutes
May 7, 2013 Page 13 of 13
APPROVED:
Bernard Featherman, Mayor tz
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Ro ro , Vice Mayo
Dennis J. Shen an, Commissioner X/ z'
Lo ' P. Ste , Commissioner
Car eldman, Commissioner
ATTEST:
Beverly M. Brown, MM
Town Clerk
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