1998.10.06_TC_Minutes_Regular~~
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR. MEETING
•
Tuesday, October 6, 1998 1:30 p.m.
Mayor Arlin G. Voress called the Regular Meeting to order at 1:30
p.m. in Commission Chambers.
Acting Town Clerk Jane Dillon called the roll. The Mayor, Vice
Mayor Reid and Commissioners David Augenstein, Michael W. Hill and
John J. Sorrelli were present.
Town Attorney Thomas E. Sliney and Acting Town Manager Doris M.
Trinley was present, as well as members of the general public.
After roll call, the Pledge of Allegiance was given.
ADOPTION OF AGENDA
Hearing no objection, the Agenda was approved as written.
APPROVAL OF MINUTES
Upon MOTION by COMMISSIONER SORRELLI/VICE MAYOR REID, the following
sets of Minutes were unanimously approved:
August 25, 1998 -
September 04, 1998 -
September 04, 1998 -
September 15, 1998 -
PUBLIC COMMENTS AND REQUESTS
Workshop Meeting
Regular Meeting
Public Hearing (Budget)
Public Hearing/Special Meeting
(Budget)
Jose Echeverria, 1112 Russell Drive, in his capacity as Coordinator
of the Turtle Program, stated that at present 1,116 nests have been
logged, 950 being loggerheads, 148 Greens, and 10 leatherbacks. He
thanked all the fly zone people who volunteer their time to this
effort. Mr. Echeverria stated that on Saturday, October 3 All
Star Academy conducted a beach clean-up from 9:30 am - 1:00 pm.,
with fifteen bags of trash collected. Mr. Echeverria also stated
that the fish washing up on the beach are bait fish, possibly being
driven to shore by larger fish and washing up on the beach at high
tide.
Horace Lang, 1128 Russell Drive, referenced the proposed Sprint
Cell tower which is a money making proposition and commented that
"if the Town placed a sports symbol (i.e. Nike) on the water tower
(the Town's) money problems would be over."
• Town Commission October 6, 1998
Regular Meeting Minutes Page 2 of 5
REPORTS - TOWN COMMISSION
Vice Mayor Reid had no report.
Commissioner Augenstein had no report.
Commissioner John J. Sorrelli had no report.
Mayor Arlin G. Voress stated that Mary McCarty's office is
providing a tour of the Palm Beach County Jail complex on Gun Club
Road, on Thursday, October 29. Transportation will be provided
from the South County Complex on Congress Avenue, Delray, and lunch
is included in the tour. All interested residents should sign up
at Town Hall.
REPORTS - TOWN ATTORNEY
Town Attorney had no report.
REPORTS - TOWN MANAGER
Acting Town Manager Doris Trinley referenced the packets which she
distributed to the Commission on the (ten) 10 preliminary
• candidates for the Town Manager position, and her request that they
submit their five choices to her by Friday, October 9. After the
top five choices have been tallied, the interview process will
begin. Ms. Trinley introduced ICMA Range Rider Mr. Richard Black
who walked the Commission through the process of interviewing and
ultimately hiring a Town Manager. Following are items discussed:
. Commission will select Five candidates from the ten.
. Hold a Town Commission meeting to confirm the five and to set an
interview date
. Contact the five by phone and follow-up with a letter.
. Conduct all interviews on one date, approx. 1 hour each.
. Mr. Black will supply a list of questions to the Commission for
use in the interviews
. The Town will pay all travel expenses for each candidate.
. A meeting will be held to select in order of preference, the top
three candidates from the five.
. First preference will be called and offered the position, with a
follow up letter.
. References generally are conducted at the level of the lst,2nd
and 3rd selection, but could be done on all five prior to the
interviews.
BOARDS AND COMMITTEES
With one vacancy on the Community Appearance Board, MOTION was made
by COMMISSIONER AUGENSTEIN/COMMISSIONER SORRELLI to nomi:~ate Neil
W. Burd to the Community Appearance Board.
•
. Town Commission October 6, 1998
Regular Meeting Minutes Page 3 of 5
With no other nominations being made, MOTION to close nominations
was made by COMMISSIONER AUGENSTEIN/COMMISSIONER SORRELLI.
Mayor Voress moved to appoint Neil Burd to the Community Appearance
Board, of which MOTION met with unanimous approval.
Monthly Board Meetings for September were read into the record.
PROPOSED ORDINANCES AND RESOLUTIONS
1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
SECTION 2.01(31) OF THE TOWN CHARTER REGARDING APPOINTMENT OF A
TOWN MANAGER; AMENDING SECTIONS 2-47(b) AND 2-47(d) OF THE CODE OF
ORDINANCES OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REGARDING
APPOINTMENT. AND COMPENSATION OF A TOWN MANAGER (first reading
9/4/98; published 9/18/98; final reading 10/6/98)
Attorney Sliney suggested a change in language be made in section
2-47 (b) whereby the term, "for an indefinite term by a.... ", be
replaced with; "by affirmative vote....."
Upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER
AUGENSTEIN, language will be changed in section 2-47(b)
of subject Ordinance.
. The following rollcall vote was taken:
Commissioner Augenstein aye
Commissioner Sorrelli aye
Vice Mayor Reid aye
Mayor Voress aye
2) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH,FLORIDA, AMENDING THE
TOWN CODE, CHAPTER 22 ENTITLED "SEWERS," SECTION 22-2 ENTITLED
"SEWER SERVICE CHARGES." (first reading 10/6/98.)
REGULAR BUSINESS
Items Left Over
1) PROPOSED LEASE AGREEMENT WITH SPRINT RE TELECOMMUNICATIONS
EQUIPMENT.
Attorney Sliney stated that there was a walk-thru of the proposed
site to iron out where the facility should be located irL order to
not have it interfere with existing town utilities. ~ Mr Sliney
stated that there is a new schematic being presented today, due to
the Utility Director and the Building Official suggestion of a new
location, as the previous proposed location would have gone over
the existing water lines.
•
• Town Commission October 6, 1998
Regular Meeting Minutes Page 4 of 5
Mr. Christen Gallio presented the new schematic to the Commission
stating that the Sprint equipment will be placed approximately 60
ft. from the maintenance building, with a 7 ft leeway for the water
lines. Original lease parcel will be 18x30, with a fencing and
landscaping buffer. Sprint will have available ingress and egress
to their site.
After concerns were addressed, the Commission accepted the new set
of plans with location of sprint equipment. Sprint will come back
before the Commission with the legal language changes, site
surveys, etc., and will finalize exhibit A&B.
2) RAMSES CASTLE CORPORATION: PROPOSED BUILDING MODIFICATIONS TO
"VIA DEL SOLE" PROJECT (LOT 102W); PROPOSED SALES PAVILION FOR
SAME.
Attorney Sliney stated that the Commission had approved the
original eight (8) requested modifications. The plans submitted to
the Building Dept. had three (3) additional changes which are being
brought before the Commission for approval today.
Subject changes are 1) a height correction for the pool/penthouse
mechanical structure to now have a height of 94'7" per design
• submitted. 2) twin 84'6" towers with open decorative trusses with
a height of 92'6", 3) parapet wall which was shown to be 10' high,
has been reduced to 3'6" and moved out to the balcony line.
The following MOTION was made by COMMISSIONER
SORRELLI/VICE MAYOR REID:
THE TOWN COMMISSION GIVES APPROVAL TO SUBJECT
MODIFICATIONS, AND CONSTRUCTION OF A SALES PAVILION FOR
PROPERTY LOCATED AT 3200 S. OCEAN BLVD., LOT 102W.
Mayor Voress asked that the sales pavilion, and landscaping plans
go through the Building Dept. to ensure they meet all required
rules and regulations.
Consent Agenda
1) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, IN SUPPORT OF ENHANCED PRACTICAL TRAINIDIG FOR
DRIVER EDUCATION PROGRAMS IN OUR SCHOOLS; FURTHER SUPP'RTING A
FUNDING MECHANISM FOR THIS PROGRAM BY MEANS OF A $2.00 SL7RCHARGE
FOR "FIRST TIME DRIVERS" LICENSE FEES OR ANOTHER SIMILAR FUNDING
PROGRAM; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
2) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN 4F HIGHLAND
BEACH, FLORIDA, SUPPORTING REVISION #10 TO THr: FLORIDA
CONSTITUTION, AND ENCOURAGING OUR CITIZENRY TO VOTE "YES" ON THIS
• REVISION.
Town Commission October 6, 1998
Rectular Meeting Minutes Page 5 of 5
3) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, SUPPORTING REVISION #7 TO THE FLORIDA CONSTITUTION,
AND ENCOURAGING ALL MUNICIPALITIES TO EDUCATE THEIR CITIZENRY ON
THE IMPORTANCE OF AND NEED FOR THIS REVISION.
3) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, ENTERING INTO AN AGREEMENT RENEWAL WITH HARVEL
UTILITY CONSTRUCTION, INC. FOR FISCAL YEAR 1998/1999.
Upon MOTION BY COMMISSIONER AUGENSTEIN/VICE MAYOR REID, the consent
agenda was approved.
ADJOURNMENT
There being no further business to come before the Commission at
this time, Mayor Voress adjourned the Regular Meeting at 2:40 P.M.
upon MOTION by COMMISSIONER AUGUSTINE/VICE MAYOR REID.
jpd
APPROVE:
G~~
• Arlin G. Voress, Mayor
OYI"7 lam' _ "
Thomas J. Reid, Vice Mayor
,~ ~
~.
David Augenstein, missioner
absent
Michael W. Hill, Commissioner
-._~ . `_
J- n J. Sorrelli, Commissioner
ATTE~
DATE
RESOLUTION NO. ~ 2 ~
• A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, IN SUPPORT OF ENHANCED PRACTICAL TRAINING FOR
DRIVER EDUCATION PROGRAMS IN OUR SCHOOLS; FURTHER
SUPPORTING A FUNDING MECHANISM FOR THIS PROGRAM BY MEANS OF
A $2.00 SURCHARGE FOR "FIRST TIME DRIVERS" LICENSE FEES OR
ANOTHER SIMILAR FUNDING PROGRAM; PROVIDING AN EFFECTIVEDATE;
AND FOR OTHER PURPOSES.
Whereas, in recent times the youth of Palm Beach County has been involved in care accidents
to the extend that such occurrence has reached epidemic proportions; and
Whereas, the Town Commission of the Town of Highland Beach, Florida, believes that it is
incumbent upon all elected and appointed community leaders to work together to try to
provide better hands-on training for our youth taking driver education classes in our
schools today; and
Whereas, due to the numerous pressur~ss on our schools, students no longer have the
opportunity to practice driving in automobiles on the road for practical experience;
instead, their training is limited to the use of simulators in a classroom; and
Whereas, the Town Commission of the Town of Highland Beach, Florida, believes that the use
of practical training with automobiles would give our youth the necessary experience to
• prevent many of these hoc automobile accidents which have devastating effects on
our families and communities.
NOW, THEREFORE, BE IT RESOLVED by the Town Commission of the Town of Highland
Beach that:
Section 1: The Town of Highland Beach, Florida, is proud to join Don Marksz, a leading
advocate for driver education and the Safety Council of the Palm Beaches, in conjunction with
the Palm Beach County School System, in support of enhanced practical training which would
put our youth back in cars for hands-on experience behind the wheel prior to the issuance of
their driver licenses.
Section 2: The Town of Highland Beach, Florida, hereby supports a funding mechanism
to support the enhanced practical training of our youth driver education classes.
Section 3: This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED TH/S ~_ OF ~ 1998.
~~ t~~ =-~
Arlin G. Voress, Mayor
Attest:
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Date: `Q_6 C~4
T
RESOLUTION NO. 7 21
• A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, SUPPORTING REVISION #10 TO THE FLORIDA CONSTITUTION, AND
ENCOURAGING OUR CITIZENRY TO VOTE "YES" TO THIS REVISION
Whereas, the Constitution Revision Commission (CRC) has proposed Revision # 10, which amends Article Vll, s.3(a),
(f) and (g) of the Florida Constitution; and
Whereas, this revision contains several issues of importance to cities, namely ex parte communications and
revisions to tax exemptions; and
Whereas, if passed by the electorate, Revision #10 would provide greater local fiscal flexibility and unrestricted
citizen access to local officials; and
Whereas, under the Constitution the state and counties are immune from taxation, while municipalities are exempt
only to the extent their property is used exclusively for public purposes; and
Whereas, a 1997 Florida Supreme Court decisior- mandates municipally owned sports facilities, airports and
seaports to pay a property tax in addition to lease payments and intangible taxes on leased property; and
Whereas, Revision #10 authorizes the legislature to exempt property of certain municipal and special distract
property when such land is used for airport, seaport, or public purposes; and
Whereas, the cost of collecting tangible personal property tax on mobile home attachments, furnishings, and fixtures
on rental housing often exceeds the revenues derived from collections; and
• Whereas, Revision #10 gives local governments the option of collecting personal property tax for attachments to
mobile homes and certain residential rental furnishings; and
Whereas, Revision #10 assures citizens the unrestricted access to their locally elected officials to discuss issues
likely to be decided by the officials; and
Whereas, this package of reform proposals would serve municipal governments well and all cities should work with
the citizens to help public understanding of Revision #]0 and the many benefits contained therein.
NOW, THEREFORE, BE IT RESOLVED, by the Town Commission of the Town of Highland Beach, Florida:
Section 1: That the Town Commission of the Town of Highland Beach, Florida, does hereby support and endorse
passage of Revision #10 to the Florida Constitution, and urges its citizenry to vote "Yes" on this instrumental
revision.
Section 2: That copies of this resolution shall be provided to the Florida League of Cities and the "Yes on 10"
Committee.
PASSED AND ADOPTED THIS _~~ OF CJ~ .1998.
Arlrn G. Voress; Mayor
Atte
•
RESOLUTION NO. 7 2 2
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, SUPPORTING REVISION #7 TO THE FLORIDA CONSTITUTION, AND
ENCOURAGING ALL MUNICIPALITIES TO EDUCATE THEIR CITIZENRYON THE IMPORTANCE
OF AND NEED FOR THIS REVISION
WHEREAS, the voters of the State of Florida adopted Article V of the Florida Constitution in 1972; and
WHEREAS, the intent of the framers and voters in 1972 was to create a uniform state court system funded in large
part by the state and not solely by the counties; and
WHEREAS, Florida's counties now pay well over half of the cost of the state court system; and
WHEREAS, the counties of Florida annually spend in excess of $650 million to fund Article V costs; and
WHEREAS, the Town Commission of the Town of Highland Beach supports Revision #7 to Article V which, if
approved by the voters, would require the state to fund all costs of the state court system, the public defenders,
the state attorneys, and the court-related functions of the clerk of the circuit and county courts, with the exception
of communications services, radios, existing criminal justice information systems, the construction, maintenance,
utilities and security of facilities, and local requirements for the state courts; and
WHEREAS the proposed revision to Article V would save counties in excess of $220 million annually; and
WHEREAS, the passage of Revision #7 would result in enhanced local revenues that can be used to provide much
needed local services such as transportation, law enforcement, and health care, and may ultimately provide
property tax relief.
• NOW, THEREFORE, BE /T RESOLVED by the Town Commission of the Town of Highland Beach, Florida, that:
Section 1: The Town Commission of the Town of Highland Beach, Florida, does hereby endorse passage of
Revision #7 to the Florida Constitution and urges its members to work for passage of the amendment.
Section 2: Copies of the Resolution shall be forwarded to the Florida Legislative Delation, the Palm Beach County
Legislative Delegation, and all Municipalities in Palm Beach County.
Section 3: This Resolution shall take effort immedi~ateJly upon its adoption.
PASSED AND ADOPTED THIS -~='~' OF ~J~i' ~ • 1998.
~~ ~~
Arlin G. Voress, Mayor
Atiest:
Date: `~ Q -
•
RESOLUTION NO. ~ 2 3
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, ENTERING INTO AN AGREEMENT FOR
UTILITY MAINTENANCE AND CONSTRUCTION WITH HARVEL UTILITY
CONSTRUCTION, INC.
WHEREAS, the Town Commission of the Town of Highland Beach, Florida, finds it in
the best interest of its residents to enter into an Agreement for the
maintenance and repair of its wastewater system; and
WHEREAS, Harvel Utility Construction, Inc. has submitted a proposed Agreement for
Utility Maintenance and Construction; and
WHEREAS, after review and deliberation, based on fhe favorable terms of said
Agreement, as well as the Town's experience with Harvel Utility
Construction, Inc., the Town Commission hods it to be in the best interest
of the Town to enter into said Agreement, a copy of which is attached
hereto and incorporated by reference herein;
NOW, THEREFORE, BE lT RESOLVED, that the Mayor be and is hereby authorized to
enter into an Agreement for utility maintenance and construction between
i the Town of Highland Beach, Florida, and Harvel Utility Construction, Inc.
DONE by the Town Commission of the Town of Highland Beach, Florida, this ~'~da-y
of ~ . .1998; with said Agreement being effective until September 30, 1999.
ARL1N G. VORESS, MAYOR
Attest:
Jane P. Dillon
Acting Town Clerk
C~