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1999.05.04_TC_Minutes_Regular. , TOWN OF HIGHLAND BEACH, FLORIDA MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, Mav 04, 1999 1:30 P.M. Mayor Thomas J. Reid 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 Michael W. Hill, and Commissioners John J. Sorrelli, Paul R. Kane, and Robert L. Lowe were present. Town Attorney Thomas E. Sliney and Town Manager Ben Saag were also present, as were members of the general public. 1. ADOPTION OF AGENDA After amending it to include a presentation by a representative of the Department of Transportation regarding work to be done on AlA, and hearing no objection, Mayor Reid declared the agenda accepted. 2. APPROVAL OF MINUTES . Upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER LOWS, the following sets of Minutes were unanimously approved: March 30, 1999 - Workshop Meeting April 06, 1999 - Regular Meeting April 20, 1999 - Special Workshop DEPARTMENT OF TRANSPORTATION PRESENTATION Project Manager Ahn Ton gave an overview and answered questions regarding DOT plans to re-surface AlA, add bike lanes and re-do the existing bike path. He advised work would begin in 2003 and would include narrowing the width of traffic lanes from 12' to 11', adding 3' wide bike lanes rather than 5', and correcting drainage problems and protecting .landscaping and paver driveways where possible (This presentation was a preview to the DOT-sponsored workshop scheduled for 4:00 P.M. this date in Commission Chambers; a copy of the notice sent to residents is attached hereto and made part of these Minutes.) 3. PUBLIC COMMENTS AND REQUESTS Bill Paul, 1126 Russell Drive, objected to the use of taxpayer money to paint the Town logo on the water tower. Jose Echeverria, 1112 Russell Drive, coordinator of the Turtle Program, advised the season had started and reminded all of the lights out ordinance (No. 554). a ~ • Minutes of Town Commission Regular Meeting Mav 04, 1999 Page 2 of 6 Leonard Bell, 2727 S. Ocean Blvd., suggested an improved system of delivering the Town newsletter to condominium units be considered. He also noted he was pleased to learn of the increase in Talent Bank applicants. Former Mayor Arlin Voress, 4403 Intracoastal Drive, stated he was in favor of painting the Town logo on the water tower. Marie Beary, 3212 S. Ocean Blvd., referring to proposed DOT work as previously presented, expressed concern as to how narrowing of the traffic lanes would safely accommodate an expected increase in population; she also asked that traffic lights on AlA within Town boundaries be considered. 4. REPORTS - TOWN COMMISSION Commissioner Robert L. Lowe expressed his disfavor of placing the Town logo on the water tower. For purposes of discussion, MOTION was made by COMMISSIONER LOWE/VICE MAYOR HILL that the logo not be included as part of the painting of the water tower; concluding discussion, roll call vote resulted as follows: Commissioner Lowe......Yes • Commissioner Kane......No Vice Mayor Hill........No Mayor Reid .............No Commissioner Sorrelli..No He also asked that the Library post their notices on an interior bulletin board rather than the main entry glass doors, and suggested the Commission might consider moving today's proposed resolution pertaining to timed Intracoastal bridge openings on Palmetto Park Road and Spanish River Boulevard to a Workshop Meeting. As he had at the April 27 Workshop Meeting, Commissioner Paul R. Rana again advised his support of the Town going to reverse osmosis treated water, and drew residents' attention to three (3) samples of water he had displayed: one of raw well water; one of town treated water; one of reverse osmosis treated water. Commissioner John J. Sorrelli advised the Welcome Committee had held several meetings and was now ready to be recognized as an official committee of the Town. During discussion, Attorney Sliney advised that this should be accomplished in the form of a Resolution, which would include the how it is constituted, its function; the number of members and how they are appointed, etc.; he also advised that official Town sanction would subject the members to the Sunshine Law. vice Mayor Michael W. Hill had no report. Minutes of Town Commission Regular Meeting Mav 04, 1999 Page 3 of ti Mayor Thomas J. Reid said he wanted to discuss the Sunshine Law as it applied to board members, among themselves and the general population, as well as elected and appointed officials of the Town government; he said he would plan to cover this issue at the next Workshop Meeting. 5. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney had no report. 6. REPORTS - TOWN MANAGER Town Manager Ben Saag had Building Official Bob Dawson give an overview of permit requirements. During discussion, it was the consensus of the Commission that Mr. Dawson repeat this presentation at the Town Manager's next meeting with condominium managers. (Copy of materials presented attached hereto and made part of these Minutes.) Mr. Saag next referred to the "Citizen Survey" form he had prepared for Commission review, explaining how the content was presented. During discussion, the concept was approved and changes were suggested in the text, which Mr. Saag said he would see to. Also, there was no objection to it being sent out via first class mail. (Copy of original survey form as well as amended form attached to and made part of these Minutes.) • Concluding his report, the Town Manager also advised that a better method of newsletter distribution to condominiums was under review. 7. BOARDS AND COMMITTEES The Board Action Report for the month of April was accepted as information. Mayor Reid's concern about the Planning Board's recent election of two (2) Vice Chairs was answered by Attorney Sliney, who said this was not a protocol problem per Robert' s Rules of Order; member Victor P. Hadeed added that it was agreed among the members the flip of a coin would determine which Vice Chair would serve in the Chair's absence. Board Vacancies were appointed thusly: Planning Board: Gerald Church/nominated by Commissioner Kane. Joseph Sarubbi/nominated by Commissioner Sorrelli. Leonard Bell/nominated by Vice Mayor Hill. Roll call vote was as follows: Commissioner Kane........Church Commissioner Lowe........Church Commissioner Sorrelli....Sarubbi Vice Mayor Hi11..........Be11 • Mayor Reid ...............Church Mr. Church was appointed to the Planning Board by majority vote. Minutes of Town Commission Meeting Minutes May 04. 1999 Page 4 of 6 • Board Vacancies (continued) Board of Adjustment: Catherine Friedenrich/nominated by Vice Mayor Hill. There being no other nominations, Mrs. Friedenrich was unanimously appointed to the Board of Adjustment. Financial Advisory Board: Mayor Reid advised that Byron McKinley had expressed interest in being reappointed, and the Mayor therefore nominated him. There being no other nominations, Mr. McKinley was unanimously reappointed to the Financial Advisory Board. Note: All appointments were for a 3-year term. Ad Hoc Committee [Two (2) vacancies]: Joseph Sarubbi/nominated by Commissioner Sorrelli; seconded by Mayor Reid. Rachael Pistone/nominated by Commissioner Sorrelli There being no other nominations, Mr. Sarubbi and Ms. Pistone were unanimously appointed to the Ad Hoc Committee. • Victor P. Hadeed, Chair of the Ad Hoc Committee, advised now that the Committee had a full complement of members, meetings would resume in the near future, starting with a review of Town Boards and their functions. Mayor Reid's suggestion that the Ad Hoc Committee be included with the "Boards List," was unanimously approved by roll call vote. The issue of members serving on more than one (1) Board was briefly discussed, as was a possible amendment to the Board Appointment Policy in this regard. 8. MONTHLY BOARD MEETINGS Mayor Reid read scheduled meetings for the month of May into the record. 9. PROPOSED ORDINANCES AND RESOLUTIONS (~) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, URGING THE PALM. BEACH COUNTY BOARD OF COUNTY CONuMISSI(?NERS TO PROCEED WITH MUNICIPAL SERVICE TAXING UNITS (MSTU) STUDY, TO DET~',RMINE' COSTS OF SERVICES FOR UNINCORPORATED AREAS; THAT A TAX EQUALIZATION STUDY GROUP BE • JOINTLY APPOINTED BY PALM BEACH COUNTY AND THE PALM F3EACH COUNTY MUNICIPAL LEAGUE FOR REFIi1LMENT OF THE DATA; PROVIDING FOR AN EFFECTIVE DATE. Minutes of Town Commission Regular Meeting Mav 04, 1999 Paae 5 of 6 • PROPOSED ORDINANCES AND RESOLUTIONS (continued) Upon MOTION by COMMISSIONER LOWS/COMMISSIONER SORRELLI, this Resolution was unanimously approved; a copy is attached to and made part of these Minutes. (2) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DESIGNATING A VOTING DELEGATE AND ALTERNATE RE PALM BEACH COUNTY LEAGUE OF CITIES, INC. MEETINGS AND/OR FUNCTIONS, IN ACCORDANCE WITH ARTICLE 4 OF THE LEAGUE`S BYLAWS. Upon MOTION by VICE MAYOR HILL/COMMISSIONER BANE, this Resolution was unanimously approved; a copy is attached to and made part of these Minutes. (3) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTERING INTO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND THE TOWN REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES WITHIN PALM BEACH COUNTY. Upon MOTION by VICE MAYOR HILL/COMMISSIONER SORRELLI, this Resolution was unanimously approved; a copy is attached to and made • part of these Minutes. (4) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING THE U.S. COAST GUARD TO APPROVE TIME BRIDGE OPENINGS ON THE INTRACOASTAL WATERWAY AT PALMETTO PARK ROAD AND AT SPANISH RIVER BOULEVARD; PROVIDING AN EFFECTIVE DATE. Following substantial discussion, and upon MOTION by VICE MAYOR HILL/COMMISSIONER BANE, this Resolution was approved by majority roll call vote as follows: Commissioner Kane.........Yes Commissioner Lowe.........No Commissioner Sorrelli.....Yes V:i~c~e Mayor Hill...........No Mayor Reid ................Yes Commissioner Kane then suggested an amendment to the text of the Resol~,~.tion to include in Section 1, immediately following the words "...signage to makes Uoaters...," the words "and vehicular traffic." The Commission agreed unanimously to this amendment. 10. REGULAR BUSINESS • Items .Left Over None. Minutes of Town Commission Meeting May 04, 1999 Page 6 of 6 CJ REGULAR BUSINESS (continued) Consent Agenda Town Manager Saag advised the following item was withdrawn from the Consent Agenda, as it had been determined a loop hole in the law, pointed out by former Mayor Arlin Voress, precluded the necessity of the Task Order, a savings of approximately $20,000: CH2M HILL Task Order No. 14: Preparation of a Risk Management Plan and Process Safety Management Plan for the Water Treatment Plant. Mayor Reid read the following Consent Agenda items into the record, following which they were unanimously approved upon MOTION by VICE MAYOR HILL/COMMISSIONER LOWE: (1) CH2M HILL Task Order No. 12: Evaluation of Water Treatment Options and Color Removal Technologies to Meet Pending Drinking Water Regulations. (2) Duncan Associates Proposal for Consulting Services to the Planning Board re Revision(s) to Chapter 30 [Zoning] . • • ADJOURNMENT There being no further business to come before the Commission at this time, Mayor Reid adjourned the Regular Meeting at 3:15 P.M. upon MOTION by COMMISSIONER BANE/VICE MAYOR HILL. dmt APPROVE : /~-•'° ~ / G'Y}'~ Thomas J. Reid, yor Michael Hi Vice Mayor Paul R. Ka e, ommissioner E~Ro ert L. Lowe, Commissioner '~ c Jo ~~~,~ Sbrr 1i, Commissioner RESOLUTION NO. 7 3 4 \J A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, URGING THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO PROCEED WITH MUNICIPAL SERVICE TAXING UNITS (MSTU) STUDY, TO DETERMINE COSTS OF SERVICES FOR UNINCORPORATED AREAS; THAT A TAX EQUALIZATION STUDY GROUP BEJOINTLYAPPOINTED BY PALM BEACH COUNTY AND THE PALM BEACH COUNTY LEAGUE OF CITIES, INC. FOR REFINEMENT OF THE DATA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, over the past fifteen years a considerable amount of growth has been experienced in the unincorporated areas of Palm Beach County; and WHEREAS, Palm Beach County had been forced to provide a level of service that is comparable to that found with the municipalities of Palm Beach County; and WHEREAS, in order for Palm Beach County to provide this level of service to the unincorporated areas, residents within municipalities are directly subsidizing the unincorporated areas. NOW, THEREFORE, BE -T RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, that: Section /: The Town Commission of the Town of Highland Beach, Florida, hereby urges the • Palm Beach County Board of County Commissioners to proceed with a Municipal Service Taxing Units (MSTU) Study to determine costs of services for unincorporated areas, and that a Tax Equalization Group be jointly appointed by Palm Beach County and the Palm Beach County League of Cities, Inc. for refinement of the data received. Section 2: The Town Commission of the Town of Highland Beach, Florida, hereby directs the Town Clerk to distribute copies of this Resolution to each member of the Palm Beach County Board of Commissioners, Florida League of Cities, and each municipality in Palm Beach County. Section 3: This Resolution shall become effective immediately upon its passage. Done this day of 1999 by the Town Commission of the Town of Highland Beach, Florida. ~`~~~ ~~~ Thomas J. Reid, Mayor ~_" ~~ Dos M. Trinley, CMC . Town Clerk • RESOLUTION NO. ~ 3 5 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DESIGNATING A VOTING DELEGATE AND ALTERNATE RE PALM BEACH COUNTY LEAGUE OF CITIES, INC. MEETINGS AND/OR FUNCTIONS, IN ACCORDANCE WITH ARTICLE 4 OF THE LEAGUE'S BYLAWS. WHEREAS, the Town of Highland Beach is a member in good standing of the Palm Beach County League of Cities, Inc., and WHEREAS, it is intention of the Town to take an active part in the business of the League, including exercising its privilege to cast a ballot on any issues which come to League vote. NOW, THEREFORE, BE /T RESOLVED BY THE TOWN COMMISSION OF THE TOWN Of H/GHLAND BEACH, FLOR/DA, AS FOLLOWS: (1) Mayor Thomas J. Reid, Voting Delegate Town Manager Ben Saag, Alternate Voting Delegate • (2J In the absence of either the Mayor and/or the Manager, the following Commission members are also named as Alternate Voting Delegates in the order listed: Vice Mayor Michael W. Hill Commissioner John J. Sorrelli Commissioner Paul R. Kane Commissioner Robert L. Lowe DONE THIS ~ OF 1999 BY THE TOWN COMMISSION OF THE TOWN OF HIGHALND BEACH, FLO A. o~''-' ~~¢~~ , Thomas J. Reid, Mayor Attest: C/~ Dor s M. Trinley, CMC • Town Clerk RESOLUTION NO. ~ 3 6 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTERING INTO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND THE TOWN REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES WITHIN PALM BEACH COUNTY. WHEREAS, the County of Palm Beach has the power to perform Community Development Block GrantActivities within Palm Beach County pursuant to Section 125.01 Florida Statutes and Chapter 163, Part 3, Florida Statutes; and WHEREAS, the County of Palm Beach must enter into Interlocal Cooperation Agreements with Municipalities in its jurisdiction for the purposes of utilizing the Town's population in the allocation process by which the Federal Government determines eligibility amounts; and WHEREAS, the Town of Highland Beach wishes to cooperate and assist the County of Palm Beach in this endeavor; NOW, THEREFORE, BE 1T RESOLVED BY THE MAYOR AND TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH THAT: The Mayor be and hereby is authorized to enter into an Interlocal Cooperation Agreement between the County of Palm Beach and the Town for the purposes set out herein with the actings and doings of the Mayor being hereby confirmed and ratified in all respects. DONE THIS ~ DAY OF ~ 1999 BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FL IDA. fn->--z ~;t~¢~ Thomas 1. Reid, Mayor / /_ Dorf s M. Trinley, Town Clerk C~ - ~/ CMC L.J RESOLUTION NO. 7 3 7 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING THE U.S. COAST GUARD TO APPROVE TIMED BRIDGE OPENINGS ON THE INTRACOASTAL WATERWAY AT PALMETTO PARK ROAD AND AT SPANISH RIVER BOULEVARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Spanish River Boulevard and Palmetto Park Road bridges over the Intracoastal Waterway provide a vital link between the mainland and the Town of Highland Beach; and WHEREAS, the Town of Highland Beach has found that the frequency of bridge openings has caused an undue hardship on the residents of the Town of Highland Beach who must commute over the Intracoastal Waterway bridges on a daily basis; and WHEREAS, this delay has increased pollution, fuel consumption, and emergency vehicle response time; and WHEREAS, the timed bridge openings will allow the driving public to coordinate their daily travel plans; and WHEREAS, the limed bridge openings will reduce roadway congestion and improve the health, safety and welfare of the public; and WHEREAS, the original intent of the Intracoastal Waterway system was to allow for the transport of goods and people. This function of the waterway has changed dramatically in recent years and the use of the waterway is primarily for pleasure craft; and WHEREAS, the Tawn Commission has evaluated the benefits of time bridge openings for both Palmetto Park Road and Spanish River Boulevard, and requests the consideration and approval of the U.S. Coast Guard. • NOW, THEREFORE, BE 1T RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH: Section 1: The Town Commission of the Town of Highland Beach, Florida, hereby endorses and supports the implementation of timed bridge openings at the Spanish River Boulevard and Palmetto Park Road bridges over the Intracoastal Waterway and the installation of appropriate signage to make boater ware of when these bridges will be open. i4Ne vey~<vL.a~ r ic,4Fr=~~c Section 2: The Town Clerk is hereby authorized and directed to furnish a copy of this resolution to U.S. Congressman E. Clay Shaw, Jr., and U.S. Senators Connie Mack and Bob Graham, and the U.S. Coast Guard at the following address: Commander, Seventh Coast Guard District, Attn: Walter Paskowsky, Bridge Section, Room 406, Brickell Plaza Federal Building, 909 S.E. First Ave., Miami, FL 33131-3050. Section 3: This resolution shall take effect immediately upon adoption. DONE THIS ~ DAY OF 1999 BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLO IDA. Thomas I. Reid, Mayor Attest: ~~ oris M. Trinley, CMC own Clerk