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1995.11.07_TC_Minutes_Regulari wA TOWN OF HIGHLAND BEACH MIId~JTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, November 07, 1995 1.30 P M Mayor Arlin G. Voress 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 Bill Paul and Commissioners David Augenstein, Arthur Eypel and John F. Rand were present. Town Attorney Thomas E. Sliney and Town Manager Mary Ann Mariano were present, as were members of the general public. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA Upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND the agenda was adopted as submitted. APPROVAL OF MINUTES Three (3) sets of Minutes were unanimously approved upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND: September 2b, 1995 Workshop Meeting September 26, 1995 Special Meeting October 03, 1995 Regular Meeting PUBLIC COMMENTS & REQUESTS There were no Public Comments or Requests. However, Talent Bank Applicants Jack Lantheir and Frank Savino were interviewed by the Commission. RESOLUTION FINALIZING BOND RESOLUTION Peter Czajkowski of Stifel, Nicolaus & Co., Inc. and Bond Counsels Mark Raymond and Charles Schoech were present to answer questions regarding finalization of the bond issue,. necessitated to complete settlement litigation of the "Hidden Harbor property with Resolution Trust Corporation, and the Resolution pertaining thereto. During discussion Attorney Sliney noted for the record he had • formally requested that all language in the Bond Purchase Agreement referencing himself with Caldwell & Pacetti collectively as Town ~ M. Town Commission Regular Meeting - Minutes November 07, 1995 Page 2 of 5 Attorneys be deleted; likewise he had requested that all references to himself and his firm for the purpose of issuing any opinions with regard to the bond issue be deleted. Further, Mr. Sliney requested that this action be made part of the Motion to adopt the bond resolution. Concluding discussion, the Town Clerk read the Resolution into the record by title only and, upon MOTION by COMMISSIONER RAND/VICE MAYOR PAUL, specifically incorporating Attorney Sliney's above- mentioned request to delete his name and the name of his firm from the Bond Purchase Agreement, the following was adopted by unanimous favorable roll call vote: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF THE TOWN'S $4,485,000 AGGREGATE PRINCIPAL AMOUNT WATER AND SEWER REVENUE BONDS, SERIES 1995; SETTING FORTH INTEREST RATES, A MATURITY SCHEDULE AND REDEMPTION PROVISIONS FOR SUCH BONDS; AWARDING THE SALE OF THE BONDS TO STIFEL, NICOLAUS & COMPANY, INCORPORATED AND MAKING CERTAIN FINDINGSS IN CONNECTION THEREWITH; APPOINTING NATIONSBANK OF FLORIDA, N.A. AS PAYING AGENT AND REGISTRAR FOR THE • BONDS; APPROVING THE FORM AND RATIFYING THE PRIOR USE OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE PREPARATION, EXECUTION AND DELIVERY OF A FINAL OFFICIAL STATEMENT; SUPPLEMENTING CERTAIN PROVISIONS OF RESOLUTION NO. 677 OF THE TOWN ADOPTED OCTOBER 03, 1995; AUTHORIZING AND DIRECTING CERTAIN OFFICIALS OF THE TOWN TO TAKE ALL ACTION REQUIRED IN CONNECTION WITH THE ISSUANCE OF THE BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE. Note: Copies of Mr. Sliney's letters dated November 7 and 8, 1995 to Steven D. Sanford, Esq. of Greenberg, Taurig, Hoffman, Lipoff & Quentel, P.A. are attached to and made part of these Minutes. A copy of Stifel, Nicolaus & Co., Inc. Pricing Comparisons. as presented in this meeting, are also attached to and made part of these Minutes./ REPORTS - TOWN COMMISSION Vice Mayor Bill Paul and Commissioners Arthur Eypel and John F. Rand had no reports. Commissioner David Augenstein reported that Financial Advisory • Board member and Past Chairman, Mike Browner, was recently hospitalized, but is now recovering nicely and expected to be at home shortly. Town Commission Regular Meeting - Minutes November 07, 1995 Page 3 of 5 Regarding the Highland Beach Library Foundation, Commissioner Augenstein read into the record a statement which dispelled any misconception that the Commission planned to disband the Friends of the Library because the foundation had been established. During discussion which verified this statement, it was further noted that the Friends had been invited to take part in this undertaking by virtue of Jean Lewis, the Friends' President, being appointed a member of the Foundation's Ad Hoc Start-Up Committee. Concluding his remarks, Commissioner Augenstein said he was not in favor of disbanding the foundation when it had completed its initial task of raising money for a new, or expanded, library. He noted that left intact, the foundation could pursue complete funding and future needs of library, thus saving the Town a substantial amount of money in a variety of ways. Note: A copy of Commissioner Augenstein's report is attached to and made part of these Minutes. Under his report, Mayor Voress reported on the State's proposed westward movement of the Coastal Construction Control Line and said he had been advised that the State is to run another survey of all • the markers in the County and then run a new model without the 2.5 factor. When this information is compiled and reviewed, they will make a decision as to where the line will be imposed. However, the Mayor noted that regardless of what decision was ultimately made, the prescribed regulatory process would have to take place, such as Public Hearings for citizen input, meetings in Tallahassee, etc., followed by final approval of the Governor and the Cabinet. The Mayor further noted that this would be a lengthy process, which would negate the possibility of a new line being set in the County during the next 3-6 months. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney reported he will be meeting with the Ad Hoc Start-Up Committee of the Highland Beach Library Foundation this week to clarify some issues, and referred to Commissioner Augenstein's remarks regarding the Foundation's continued existence. Because the subject of how long the Foundation should exist has been a recurring topic, Mr. Sliney noted that it has been his experience with foundations that they exist for as long as they are purposeful. He suggested, therefore, that it is unlikely it can be determined at this early date how long the Foundation should remain in place. REPORTS - TOWN MANAGER Under her report, Town Manager Mariano said that pursuant to Seagate resident Felix Goldenson's address to the Commission at the October Workshop Meeting, she had met with the Town's utilities engineers (Harvel) and representatives of Seagate and Ambassador East condominiums regarding possible correction of the flooding X - ~ ~ Town Commission Regular Meeting - Minutes November 07, 1995 Page 4 of 5 problems on AlA during heavy rains. She advised it had been determined that reworking some grades in sections of the Seagate parking area might be an answer to the problem and that this approach would be given further consideration by the affected parties. Regarding the annual Government Open House, Ms. Mariano said that a date of December 12 had been inadvertently advised at the October Workshop Meeting; the correct date is Thursday, December 7. Concluding her report, Ms. Mariano noted that the Palm Beach County Municipal League will hold its annual barbecue in Belle Glade on December 8 and asked those Commission members interested in attending to contact her office so reservations might be made. REPORTS - BOARDS & COMMITTEES The Board Action Report for the month of October was accepted as information, following which Mayor Voress advised of various Board meetings for the month of November. PROPOSED ORDINANCES & RESOLUTIONS ~ Under Proposed Ordinances and Resolutions, there were two versions of a resolution under consideration relating to the Palm Beach County School Board, wherein certain reforms were suggested. In his capacity as a Director of the Palm Beach County Municipal League and a member of that League's "Issues Committee," the Mayor had requested at the October Workshop Meeting that the Commission review both and adopt the one they felt most appropriate, so it would be on record that the Town supported reforms in the way the School Board is now managed. The Mayor recapped the reasons he had asked for adoption of one or the other of the resolutions and referred to a Miami Herald article in today's edition wherein it was reported that most taxpayers in the State are disenchanted with its public school system and the way tax dollars are managed in this regard. After some discussion, the first version of the Resolution was adopted by unanimous vote upon MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN. The Town Clerk read same into the record by title only: A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROPOSING THAT THE BOARD OF COUNTY COMMISSIONERS, THE PALM BEACH COUNTY SCHOOL BOARD, THE PRIVATE SECTOR AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE, INC. WORK TOGETHER TO DEVELOP CRITERIA FOR THE SELECTION OF A SUPERINTENDENT AND TO DEVELOP RECOMMENDATIONS FOR THE REFORM OF THE EDUCATIONAL SYSTEM IN PALM BEACH COUNTY. ADDITIONALLY, THE TOWN OF HIGHLAND BEACH, F L O R I D A, REQUESTS THAT THE PALM BEACH COUNTY SCHOOL BOARD DEFER ». Town Commission Regular Meeting - Minutes November 07, 1995 Pane 5 of 5 THE HIRING OF A SUPERINTENDENT FOR A PERIOD OF UP TO ONE (1) YEAR WHILE SUCH COOPERATION EFFORTS ARE PURSUED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copies of both versions are available for review in the Town Clerk's office; adopted resolution is No. 679.) REGULAR BUSINESS Items Left Over There were no Items Left Over to consider. Consent Agenda The Consent Agenda was unanimously approved as follows upon MOTION by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN: 1) EXTENSION OF JANE RAYNER'S TENURE ON THE BOARD OF ADJUSTMENT UNTIL PETITION FOR VARIANCE 10-95-56A (DOLPHIN APARTMENTS PROPERTY) IS BROUGHT TO • CONCLUSION. 2 ) APPROVAL OF REQUEST BY ROBERT EISEN, ESQ . , ON BEHALF OF DEVELOPER FRANK LAHAGE, TO ALLOW EXISTING "COTTAGE" AT 2435 S. OCEAN BOULEVARD TO BE DESIGNATED A PERMANENT CENTRAL CONSTRUCTION OFFICE THROUGH CALENDAR YEAR 1996. ADJOURNMENT There being no further business to come before the Commission at this time, Mayor Voress adjourned the Regular Meeting at 2:15 P.M. upon MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN. dmt APPROVE : ~'~_/~~ ,J~ ~' ~._'.. Arlin G. Voress, Mayor B' 1 Paul, Mayor Arthur Eypel, Commissioner David Augenst ~~~ ~. ~ L, in, Commissioner ATTEST: DATE: Commissione