1995.10.31_TC_Minutes_Workshop,--
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesdav, October 31, 1995 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
Bill Paul and Commissioners David Augenstein, Arthur Eypel and John
F. Rand were present.
Also present were Town Attorney Thomas E. Sliney, Town Manager Mary
Ann Mariano and members of the general public.
ADDITIONS,___DELETIONS OR ACCEPTANCE OF AGENDA
Upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND, the
Agenda was accepted as submitted.
95.1 PUBLIC COMMENTS AND REQUESTS
• Felix Goldenson of the Seagate Condominium addressed the
Commission, with comments related to the flooding of AIA in front
of Seagate during heavy rains and what could be done to correct it,
as well as a recent Sun Sentinel article that misrepresented the
crime rate in Town.
Abe Futernick of the Coronado Condominium also commented on these
two issues.
Mayor Voress responded to Mr. Goldenson's concerns regarding
flooding of AlA in front of the Seagate Condominium, saying that
the Town's utility engineers (Harvel) have already studied the
problem and feel confident that it can be corrected through Town
efforts, rather than having to deal with the State Department of
Transportation. Further, the Mayor said that this action should
also alleviate flooding problems at Ambassador East and, to some
extent, the Coronado.
Regarding Mr. Goldenson's comments that the Sun Sentinel article on
the crime rate was misleading as the numbers listed (597 in 1984
versus 706 in 1994) referred to "per 100,000 population," Police
Chief Anthony Cervasio clarified the matter by giving statistics
for this year, advising that from January 1, 1995 to this date, the
actual crime rate was as follows:
• Town Commission
Workshop Meeting - Minutes
October 31, 1995 Page 2 of 7
13 burglaries (the majority being reported by
the Holiday Inn)
8 thefts
3 stolen vehicles
Chief Cervasio further advised that the remainder of police calls
were "service calls" relating to aid to residents, malfunctioning
alarms, animal nuisance, etc.
93.8 DISCUSSION RE ADELPHIA CABLE
During discussion, Attorney Sliney advised that, per Attorney
Cormac Conahan, there was nothing new to report at this time.
95.2 BOARDS AND COIrIIrIITTEES
1) Presentation by Leonard Bell, Chairman of the Ad Hoc
Start-Up Committee re the Highland Beach Library
Foundation.
Lengthy exchange took place between the Commission and the members
• of the Ad Hoc Committee, which concluded with what was agreed to be
a better understanding among all as to the what areas the Committee
will be addressing to get the Foundation in working order. Some
aspects covered included library space needs, securing tax
exemption status for the foundation, and how long the foundation
should exist. It was also the consensus of the Commission that the
Committee should have access to its members and the Town Manager
for discussion purposes, as well as to the advice of the Town
Attorney and his legal staff. It was also noted that
representatives of Gee & Jenson will attend the November Workshop
meeting to present revised plans for the entire Town Hall complex,
which will include the Library.
2) Vacancies
After it was noted that Jane Rayner's 6-year term on the Board of
Adjustment will be completed this month, Commissioner John F. Rand
read into the record a statement supporting BOA Chairman Harold B.
Cohen's request that Mrs. Rayner's tenure be extended at least
until the Petition for Variance now pending before that Board is
completed (No. 10-95-56A/Dolphin Apartments property).
Both Chairman Cohen and Commissioner Rand referred to the
complexity of the proceedings thus far, wherein it was necessary to
conduct multiple Workshops, with a Public Hearing finally scheduled
for November 13. In this regard, both gentlemen also noted Mrs.
• Rayner's valuable contributions to these proceedings, as well as
her full understanding of the Petition, saying it would be in the
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Workshop Meeting Minutes
October 31, 1995 Page 3 of 7
best interest of the Town and the Petitioner to allow her to serve
through the November 13 Public Hearing.
During discussion of this issue, the Town Attorney advised that if
the Commission were to extend Mrs. Rayner's tenure on the BOA,
they do so until the Petition under consideration is brought to
conclusion rather than fix an exact date. The Commission agreed
with Mr. Sliney, and it was the consensus to place this matter on
the November Regular Meeting Consent Agenda.
Note: A copy of Chairman Cohen's memo is attached to and made
part of these Minutes.
95.3 PROPOSED ORDINANCES AND RESOLUTIONS
None.
MISCELLANEOUS - ITEMS LEFT OVER
1) The Status of Building Development in Town was accepted as
information.
• 2) Vice Mayor Paul noted that of the three (3) sets of Minutes
listed on the Agenda for possible approval at the November 07, 1995
Regular Meeting, one set was misdated, i.e., the September 26, 1995
Special Meeting was listed as having taken place on October 03,
1995. Following, therefore, is a correct list of Minutes which
will receive further consideration and possible approval at the
November Regular Meeting:
September 26, 1995 Workshop Meeting
September 26, 1995 Special Meeting
October 03, 1995 Regular Meeting
REPORTS - TOWN COMMISSION
Under his report, Vice Mayor Bill Paul asked for an explanation of
recent newspaper articles wherein he first learned that the Town
was in favor of the Linton Bridge barriers being removed to create
three (3) lanes of traffic in both the east and west directions.
He expressed concern that the issue was never brought before the
Commission.
Vice Mayor Paul noted that historically the Town has always been
opposed to the widening of AlA, and he was against any action that
would promote use of AlA by virtue of three (3) lanes turning into
_ one (1) lane in both the south and north directions, which might
result in the Department of Transportation's intention to indeed
• widen AlA to three (3) lanes. The Vice Mayor said that even at
this time, with the bridge open to only one (1) eastbound and
Town Commission
Workshop Meeting Minutes
October 31, 1995 Page 4 of 7
one (1) westbound lane due to repairs, he personally had
experienced no difficulty in using it, even at peak traffic hours.
He said it was beyond his comprehension that after years of
opposing the widening of AlA, the Town might be actually inviting
its widening by virtue of asking for the removal of the barriers on
the bridge.
Mayor Voress responded to the Vice Mayor's comments, noting he had
transmitted to his fellow Commission members copies of
correspondence received from resident James Schubert suggesting
removal of the barriers and the Mayor's letter to. Delray Beach
Mayor Tom Lynch endorsing such action. However, the Mayor noted
that because the bridge is located in Delray Beach, only that City
Commission could recommend that the matter be pursued with the
County Commission. Mayor Voress stated that he personally
supported the opening of the additional bridge lanes and explained
what he felt would be a safer traffic pattern created by such
action.
Concluding discussion on the issue, Vice Mayor Paul said that
because the issue was not discussed by the Commission, he felt the
Mayor had used his position to state his own opinion. The Vice
• Mayor also stated that many residents would not agree with the
Mayor, and said he found it offensive for the Mayor to have taken
such action on behalf of just one resident's suggestion.
Commissioner Arthur Eypel encouraged the continuance of healthy
dialogue with the Ad Hoc Start-Up Committee of the Library
Foundation, noting the divergence of opinion on the Committee, as
well as the Commission. He commented that ongoing open
communication between the two will ultimately result in Town's
residents enjoying a better equipped and more functional Library.
Commissioner John F. Rand referred to recent state investment
policy legislation, which had been reviewed by the Financial
Advisory Board, and which was in place by October 1, 1995 as
mandated, but which will be further revised. The Commissioner
further referred to that portion of the legislation as summarized
in a uality Cities article, which stated that "...The Chief
Financial Officer shall establish a written system of internal
controls and operational procedures by January 1, 1996." The
Commissioner then questioned if this had been done.
In response, the Town Manager advised that the Finance Director
already had in place a complete operations manual for that
department, which did not have to be revised as a result of this
legislative action. The Town Attorney added that most probably a
number of cities did not have written internal controls before this
• legislation was passed, and were thus were now required to
institute same; however, because the Town had such a written
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Workshop Meeting Minutes
October 31, 1995 Page 5 of 7
• system in place previously to October 1, 1995, it was already in
compliance with this aspect of the legislation.
Concluding discussion, and at the Town Attorney's suggestion, it
was agreed the Town Manager will double check with the Town's
auditors to ensure that the Town is in compliance in this regard.
Commissioner Rand then asked if a previously scheduled meeting with
Palm Beach County Commissioner Mary McCarty, which Commissioner
McCarty had to cancel, had been rescheduled. The Town Manager
answered that a new date was still pending, but Commissioner
McCarty had hoped to schedule a meeting sometime in January when
most of the Town's population were in residence.
Commissioner David Augenstein had no report.
Under his report, Mayor Arlin G. Voress first advised he had been
informed by the RTC that six (6) bids had been received on the
"Hidden Harbor" property. Two (2) bids were very low and four (4)
were in close cluster, but all were below the RTC target selling
price, which the Mayor noted was unknown to him. RTC also advised
that all of the bids were for significantly less than the 427 units
allowed, possibly 200-225 units. Further, because those developers
who did bid opted for fewer, larger units, the RTC was going to ask
their marketing people to review the assumptions that went into the
target price deliberations and then would most probably revise the
target market value of the property. Based on this information and
further review with the aforementioned four (4) bidders, the RTC.
had also advised that the submission of another set of bids would
be set for November 15, 1995.
In his capacity as a Director of the Palm Beach County Municipal
League and a member of that League's "Issues Committee," the Mayor
noted the Committee's concerns about monies the School Board is
asking from the voters - in the neighborhood of $800,000,000. In
this regard, he referred the Commission to previously distributed
drafts of a Resolution passed by the Municipal League, which
suggest that the Board of Education work with the County
Commission, the Municipal League and the private sector to develop
.recommendations for necessary structural reform in the entire
county education system, including criteria for the selection of a
new superintendent.
The Mayor explained that the first draft considered by the League
contained language that was modified in the second draft, which was
ultimately adopted. He requested that Commission review both
drafts and be prepared to adopt one of the versions at the November
Regular.Mee ing so it is on record that the Town of Highland Beach
believes something needs to be done in the way the School Board is
being managed in Palm Beach County.
Under his report, To~rri Attorney Thomas E. Sliney first noted his
agreement with Commissioner Eypel's comments regarding the
preceding disc:~ssion with the Ad Hoc Start-Up Committee of the
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Workshop Meeting Minutes
October 31, 1995 Page 6 of 7
•
Library Foundation. He said the discussion not only helped focus
on a number of issues, but would also assist him in formulating the
final documents that must be submitted to the IRS.
Attorney Sliney next referred to finalization ~of the bond issue,
noting that pertinent documents had been submitted by the
underwriters and the bond counsels. Acknowledging that some of the
bond language was technically difficult, Mr. Sliney nonetheless
noted that factual and financial information was also contained in
the submitted documents, and he encouraged the members to review
same so that any discrepancies or factual inaccuracies found could
be reported to the Town Manager, who in turn would communicate with
the persons drawing the documents.
REPORTS - TOWN MANAGER
Town Manager Mary Ann Mariano first referred to a request from
Robert Eisen, Esq. on behalf of developer Frank Lahage, which was
actually solicited by staff, and asked Building Official Edward G.
Hardy to explain it. Mr. Hardy said that Mr Lahage was requesting
that through calendar year 1996 he be allowed to continue to use
the construction "cottage," located on his property at 2435 S.
Ocean Boulevard as a permanent central construction office site,
rather than have individual construction trailers located on
various sites in Town that he planned to develop. Mr. Hardy said
he was in favor of granting such request, as not only would it
eliminate the need for unsightly construction trailers on the
Lahage sites as they are being developed, but the cottage itself is
unobstrusive and totally out of sight. Concluding discussion, it
was the consensus to place this item on the November Regular
Meeting Consent Agenda.
Ms. Mariano noted that Gee & Jepson's presentation of revised plans
for the Town Hall complex will be an agenda item for the November
Workshop, and finalization of the bond issue would be an agenda
item at the November Regular Meeting.
Concluding her report, Ms. Mariano advised the Boards Appreciation
Luncheon is scheduled for Friday, December O1, 1995 at noon, and
the year]_y Government Open House for Tuesday, December 12, 1995
from 1-0' AM to 3 PM .
ADJOURNMENT
There being rio further business to come before the Commission at
this- time, Mayor Voress adjourned the meeting at 3:15 PM upon
MOTION by CO~INII~SIONER RAND/COMMISSIONER EYPEL.
dmt
Town Commission
Workshop Meeting Minutes
October 31, 1995 Page 7 of 7
APPROVE:
Arlin G. Voress, Ma~~y
F~ ////
~ ~ ~G
Bill Paul, Vice Mayor
Dav'd Au enstein, ommis inner
Al '~ i
/ `''
Arthur Eypel, Comm' sinner
Rand, Comthissioner
ATTEST:
• DATE: