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1995.05.09_TC_Minutes_Special1 TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING PUBLIC HEARING/SPECIAL MEETING "HIDDEN HARBOR" Tuesday, May 09 1995 9:30 A.M. Mayor Arlin G. Voress called the Public Notice/Special Meeting to order in Commission Chambers at 9:30 A.M., advising its purpose was to discuss and consider adoption of the following: RESOLUTION APPROVING THE SETTLEMENT STIPULATION BETWEEN THE TOWN OF HIGHLAND BEACH AND RESOLUTION TRUST CORPORATION REGARDING CERTAIN PARCELS OF PROPERTY LOCATED SOUTH OF THE HIGHLAND BEACH TOWN HALL ON STATE ROUTE AlA AND DESCRIBED AS ALL OR A PORTION OF TOWN LOTS 62, 65, 69 AND 70. 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, as were Town Manager Mary Ann Mariano, Attorney George P. Roberts, Jr. and Town Attorney Thomas E. Sliney. Commission Chambers were filled to capacity with residents and the Mayor thanked all for their attendance. He identified Mr. Roberts as the lead attorney for this case, and Attorney Charles F. Schoech (in the audience) as an expert in municipal financial matters who had also worked with the Commission on the suit, and advised that Town Attorney Sliney was present in a procedural capacity. After noting the meeting procedure (attached to and made part of these Minutes), Mayor Voress deferred to Town Attorney Sliney, who read the Public Hearing Notice into the record, and noted that the required legal advertisement had been published on May 6, 1995 in The News. He further advised that notice of the meeting had been properly posted, as well as aired on Government Channel 12 and sent to the Town's condominiums. Town Manager Mariano next formally submitted for the Commission's consideration the Resolution and Settlement Stipulation, as amended. A copy of her accompanying remarks is attached to and made part of these Minutes. At the Mayor's request, the Town Clerk next read the Resolution into the record. Following reading of the Resolution, Mayor Voress gave a summary of the Stipulation Agreement, which is attached to and made part of these Minutes. He then welcomed public comments. Town Commission Public Hearing/Special Meeting - Minutes May 09, 1995 Page 2 of 6 The following two (2) residents spoke to the issue during this portion of the Public Hearing: Victor P. Hadeed Beach Walk East Condominium 3201 S. Ocean Boulevard Judge James F. Niehoff Seagate Condominium 3212 S. Ocean Boulevard Both gentlemen were in favor of the Settlement Stipulation; they thanked and congratulated the members of the Commission and all concerned for the time and effort put forth in this endeavor, indicating that they hoped the proposed settlement would be approved at this meeting. There were no other public comments. Commissioner John F. Rand opened the Commission's discussion, noting he had put some figures relating to the bond issue element of the proposed settlement stipulation on the chalkboard at the rear of the Chambers, and suggesting that the residents might want to take a look at them when the meeting was over. Referring to these figures, he advised that while the proposed settlement called for a $3,000,000 bond issue, because of available favorable interest rates the total amount would actually be $3,525,000, thereby including the financing of the new fire engine truck now being built for the Town to meet a contractual obligation with the City of Delray Beach. Therefore, using this financing structure, the Commissioner advised that through the year 2004, there will be no need for an increase in taxation/millage rate, barring any unforeseen development between now and then as far as operating costs are concerned. Acknowledging that operating costs will obviously increase, he reiterated that specifically, for this bond issue, based on the fact that the Town already has a reserve of $367,579 provided for in last year's budget, the payments the Town has to make under the proposed bond issue for 20 years will not result in any increase in taxation until the year 2005. Explaining this financing approach, Commissioner Rand noted that the property in question, when sold and developed, will increase the Town's assessed tax valuation basis, which is now $668,095,000 and on which a 4.0 mil taxation is charged. Given the development of the property, using a theoretic 5 -year period, and depending on the sale price of the individual units, the Commissioner noted that conceivably a higher taxation basis could be generated, which would eliminate any increase in the millage rate. Town Commission Public Hearing/Special Meeting - Minutes May 09, 1995 Page 3 of 6 Commissioner Rand then noted the enormous amount of free time the Mayor had spent in local and out-of-state meetings with officials and lawyers for both sides, and with all the Commission members, in an effort to allow everyone to express their concerns, objections and desires. Concluding this portion of his remarks, the Commissioner extended his personal thanks to Mayor Voress for his leadership and perseverance in enabling the Town to reach this point of proposed settlement. Finally, noting the consistent bad press given the Town by the Palm Beach Post Editorial Staff regarding this lawsuit, Commissioner Rand read into the record his retort to them, which he said would be mailed immediately after this meeting. The Commissioner's letter met with enthusiastic applause and approval, and a copy of same is attached hereto and made part of these Minutes. Commissioner David Augenstein referred to the adage whereby it is agreed that a good settlement is one in which neither party is very happy and stated that he truly felt the appropriateness of this concept today. He assured the audience that "myriads of meetings" had been held in an effort to bring the suit to this point of proposed settlement. In conclusion, Commissioner Augenstein thanked Commissioner Rand for his tremendous efforts and brilliant financial work, and expressed his pride in being associated with this Commission - Mayor Voress, Vice Mayor Paul, Commissioner Rand and Commissioner Eypel. The Commissioner called being involved in the process of bringing the suit to hopeful closure today a "highlight of his life," saying he would continue to serve as "long as the public will have me and the law allows." Commissioner Arthur Eypel stated that along with others he, too, had looked forward to this day for long time, noting he was confident that the residents of Highland Beach would in future years look back and feel there was a just and fair settlement to this issue. Commissioner Eypel next said that it had been a privilege and an honor to work and interact with his fellow Commission members in bringing the proposed settlement agreement to this point. Noting Mayor Voress' unquestioned leadership, he also referred to the "quite unbelievable talent" which comprised the Commission, reiterating his feeling of privilege in interacting with them and seeing the Town's "grass roots form of government work at its very best." The Commissioner then advised that the meetings leading up to today had been long and arduous, with debate at times very heated; however, all points of view had been represented. He concluded by assuring those present that "...the Government of Highland Beach works, and will continue to work." Town Commission Public Hearing/Special Meeting - Minutes May 09, 1995 Pacre 4 of 6 Vice Mayor Bill Paul opened his remarks by saying that based on comments made thus far, notably those from Judge Niehoff, he would forego reading his prepared statement into the record, which included his objection to some of the conditions set forth in the proposed settlement agreement, mainly the financial arrangements. He stated that in the interest of harmony among the Commission, he would reluctantly withdraw his opposition to those financial aspects. However, the Vice Mayor said he did have some questions which bothered him a great deal, and which he would continue to ask even if the settlement were approved today, i.e., why the bureaucracy of the federal government insisted on being so hard on a Town of this size, pushing it to the point where it has to go in debt for $3 million. Referring to other, more favorable, RTC transactions, he noted reading of Wayne Huizenga's (Blockbuster Video/Florida Marlins & Panthers/Discovery zones, etc.) success in securing a sizeable building in downtown Fort Lauderdale for under $5 million and Palm Aire's (Pompano) success in an approximate $8 million deal. Saying he felt the Town was being unduly punished, Vice Mayor Paul expressed the hope that at least some of those in the audience today would take the time, after the issue is resolved, to read transcripts of those meetings that have been heretofore privileged because of the litigation, when they become available. He said it would help them understand just what kind of pressure was put on the Town and this Commission by the RTC which, in his opinion, was excessive and unnecessary. Mayor Arlin G. Voress spoke next, saying he was pleased with the outcome of negotiations, which had resulted in the proposed settlement agreement - a culmination of a full year's efforts. Mayor Voress noted that while the agreement did not contain everything the Town would like to have had, it also did not contain everything the RTC would like to have had; therefore, it was fair to both parties. The Mayor further noted that approval of the settlement agreement today would be significant in that it would mean the end of every active lawsuit against the Town at this time. The Mayor added that from his knowledge of the history of Town, this was the first time in a long time that the Town would enjoy such status and asked Mr. Sliney for confirmation of this fact since he had served as Town Attorney for many years. Mr. Sliney concurred with the Mayor's observation, saying it was the first time in his memory the Town would be free from all active lawsuits. Expressing his respect for all the members of the Commission, Mayor Voress said they had made it possible to eliminate a costly financial burden and constraint on the Town, which will most likely allow property values to increase. Referring to the Town's assessed valuation of $668,095,000, first noted by Commissioner Rand, the Mayor advised that figure is rising by 3-5% yearly and should continue to go up. Town Commission Public Hearing/Special Meeting - Minutes May 09 1995 Page 5 of 6 Concluding his remarks, Mayor Voress thanked the residents for their input, which he said had been vital in encouraging the Commission to keep its courage when sometimes the days were dark. He asked that they keep talking to the members, telling them what it is they wanted to see happen in the Town. Mayor Voress then reiterated his thanks to the Commission, as well as to the residents who, he said, had made it possible for the Town Commission to have the courage to do what he believed they were going to do at this meeting. Commissioner Augenstein then noted that Town Manager Mary Ann Mariano had played an extremely important part in the discussions and negotiations and extended thanks to her on behalf of all. His comments were endorsed by the Mayor and warmly received by everyone concerned. Mayor Voress then called for a MOTION to approve or disapprove the following: RESOLUTION APPROVING THE SETTLEMENT STIPULATION BETWEEN THE TOWN OF HIGHLAND BEACH AND RESOLUTION TRUST CORPORATION REGARDING CERTAIN PARCELS OF PROPERTY LOCATED SOUTH OF THE HIGHLAND BEACH TOWN HALL ON STATE ROUTE AlA AND DESCRIBED AS ALL OR A PORTION OF TOWN LOTS 62, 65, 69 AND 70. COMMISSIONER RAND/COMMISSIONER AUGENSTEIN moved for APPROVAL of the Resolution and Mayor Voress then asked for roll call vote, the results being as follows: COMMISSIONER RAND.......... AYE COMMISSIONER EYPEL......... AYE VICE MAYOR PAUL ............ AYE COMMISSIONER AUGENSTEIN.... AYE MAYOR VORESS...............AYE The Resolution having been approved, Mayor Voress announced that the purpose of the meeting had been concluded. After giving a brief synopsis regarding the signing of various documents and legal proceedings which would follow today's meeting and, upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER EYPEL, the Mayor adjourned the Public Hearing/Special Meeting at 10:10 A.M. dmt NOTE: A COPY OF THE APPROVED RESOLUTION (NO. 664) IS ALSO ATTACHED HERETO AND MADE PART OF THESE MINUTES, AS IS A COPY OF THE EXECUTED SETTLEMENT STIPULATION. Town Commission Public Hearing/Special Meeting - Minutes May 09 1995 Pane 6 of 6 ATTEST: DATE: APPROVE: Arlin G. Voress, Mayor David Augenste Commissioner Jo . Rand, Commissione G S O C / 71/ 1