1998.09.04_TC_Minutes_Regulara• ;..,.., ...
• TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Fridav, September 4, 1998 4.00 P M
Mayor Arlin G. Voress reconvened this meeting at 4:00 p.m., which
was recessed on Tuesday, September 4, at 1:30 P.M.
Acting Town Clerk Jane Dillon called the roll. The Mayor and
Commissioners Michael W. Hill and John J. Sorrelli were present.
Vice Mayor Reid and Commissioner David Augustine were absent.
Town Attorney Thomas E. Sliney 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 submitted.
APPROVAL OF MINUTES
• Upon MOTION by COMMISSIONER HILL/COMMISSIONER SORRELLI, the
following sets of Minutes were unanimously approved:
July 28, 1998 - Workshop Meeting
July 28, 1998 - Special Meeting
August 04, 1998 - Regular Meeting
August 04, 1998 - Public Hearing/Special Meeting
PUBLIC COMMENTS AND REQUESTS
Jeffrey Levine, Attorney for Jeffrey Norman (Ocean Grand), was
present to ask the Town Commission for their temporary assistance
regarding the following:
The South Florida Water District is requiring Mr. Norman to create
a tidal flushing channel from the Norman property through the
Mangroves, to the Intracoastal. As Tuscana owns that particular
piece of mangroves, they were approached by Ocean Grand and are
agreeable to letting the channel be created. Mr. Norman is on the
Sept. 10 agenda for the South Florida Water Mgt. District in order
to obtain. final environmental permits. While contacting the
attorneys for Tuscana several times to obtain a commitment in
writing which is needed for subject hearing, they have not as yet
responded back to Mr. Norman. In order to remain on the Sept. 10
agenda and receive the needed permits, Mr. Levine asked if the Town
would "simply issue a letter and state that the Town Commission
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Town Commission 4, 1998
• Regular Meeting Minutes Paae 2 of 5
would consider granting an easement through Town Property, in the
future, should Tuscana not give Mr. Norman an easement."
Attorney Sliney felt from a legal aspect, there would be no problem
with this request.
Mayor Voress asked Mr. Levine to draft a letter which the
Commission could review.
Victor Hadeed, Beach Walk East, reminded the Commission of a letter
many years which almost cost the Town money.
Eugene Diliberto, 3224 S. Ocean, Seagate, issued a complaint
regarding Adelphia, the poor reception, and the difficult time in
reaching customer service at Adelphia.
Mayor Voress suggested Mr. Diliberto have the President of Seagate
write him (the Mayor) a letter, and he will arrange for the top
Adelphia personnel to meet with the residents at Seagate.
Jim Kelly, Town Houses of Highland Beach, presented a follow-up on
the construction issues he has been concerned with, and what has
transpired. He is bothered that he has not received a response
from the Town, as he requested, and has not been kept completely
• informed by the Town Attorney and the Building Official on what is
being done to resolve the issues on the Gordon home; i.e. habitable
space, stairway enclosure, chimneys, height restrictions.
Mayor Voress agreed that the Town should and will provide a written
response to Mr. Kelly, for a matter of record. Mr. Sliney stated
that he and Mr. Dawson have spoken to Mr. Kelly numerous times, and
as late as yesterday informed Mr. Kelly that they had met with the
(Gordon) Builder, and are trying to work out some changes re the
height issues. (Mr. Kelly confirmed that Mr. Sliney had talked with
him yesterday.) Mr. Sliney stated Mr. Kelly has a "black and
white" situation as far as he is concerned, but the Town does not
see it as "black and white" which is why he has not received
anything in writing as of yet, as the situation has not been
brought to closure. Mayor Voress asked Mr. Kelly to realize that
he is being kept in touch with verbally, but stated that a written
response will be forthcoming.
Joae Echeverria, 1112 Russell Drive, in his capacity as Coordinator
of .the Turtle Program, presented an update on the turtle program.
Mayor ~'Joress thanked him for his help in this regard.
Leonard H.e1,1, 2727 S. Ocean Blvd., addressed Mr. Hagelman's Public
Comments a*' the 8/25 Workshop Meeting, of which he talked of a
monetary increase for the Town Commission. Mr. Bell hoped that an
open session would be held to address Mr. Hagelman's suggestion.
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Town Commission Aug t 4, 1998
. Regular Meeting Minutes Page 3 of 5
Attorney Levine returned to the meeting with a draft letter to the
South Florida Water Management District. Mr. Levine read subject
letter into the record, at which time Attorney Sliney asked that
the phrase "the Town will consider granting the above described
easement......" be rephrased to read "the Town will consider, but
is not obligated to grant, the above described easement......".
Commissioner Sorrelli felt Mr. Norman should have put pressure on
the Tuscana attorneys rather than approaching the Town Commission
on a last minute basis for their support of same.
Mr. Levine responded to the Mayor's question that another month's
delay would economically be a setback, as Mr. Norman has made
commitments. Mayor stated that he is reluctant to write a letter
supporting same, with only three sitting Commission members today,
and the fact that the Commission has not had a chance to look at
the issue.
After discussion the following MOTION was made by COMMISSIONER
HILL/MAYOR VORESS:
THE TOWN ATTORNEY DRAFT A LETTER STATING THAT THE
COMMISSION WOULD ENTERTAIN A PROPOSAL TO ALLOW THE
GRANTING OF AN EASEMENT TO OCEAN GRAND ESTATES FOR THE
• PURPOSES OF DRAINING OCEAN GRAND'S MANGROVES, BUT THAT
THE TOWN HAS NO COMMITMENT TO DO SO, SIMPLY THAT THEY
WILL ENTERTAIN THE PROPOSAL AND CONSIDER IT.
It was decided that Attorney Sliney would sign the subject letter.
The following rollcall vote was taken:
Commissioner Sorrelli no
Commissioner Hill yes
Mayor Voress no
Motion was voted down by a 2/1 vote.
Mayor Voress recessed the Regular meeting at 5:01 p.m. in order to
proceed with the scheduled Public Hearing meeting. The Regular
Meeting reconvened at 5:10 p.m.
.REPORTS - TOWN COMMISSION
Commi~3sioner Michael W. Hill - no report.
Commissioner John J. Sorrelli - no report.
Mayor Ailin G. Voress - Mayor reported on Police Chief Tony
~ervasio's request for a bicycle patrol, on a trial basis. He
asked 'vhief Cervasio to speak on same to the Commission, stating
that it would be on a voluntary basis, about 3 hours per shift, and
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Town Commission P~4, 1998
Regular Meeting Minutes Page 4 of 5
included certain restrictions. Chief felt this would be a good
community relations tool, enable the officers to access small
parking lots, access behind homes, enable residents easily stop the
officer for assistance. Bikes would run about $750 each, fully
equipped. Mayor asked Chief to let them know in about 3 months
how the program is working. The following MOTION was made by
COMMISSIONER SORRELLI/COMMISSIONER HILL:
THE TOWN COMMISSION APPROVES A PROGRAM FOR UTILIZATION OF
BIKES IN THE POLICE DEPARTMENT, WITH THE PURCHASE OF 2 NEW
FULLY EQUIPPED BIKES.
All met with unanimous approval.
REPORTS - TOWN ATTORNEY
Attorney Sliney asked Acting Town Clerk to read the Proposed
Ordinances re Amendments to Charter [Section 2.01(31) and Code
(Sections 2-47(b) and 2-47(d)] regarding the Town Manager.
This would constitute a first reading, and could be adopted next
month.
Mr. Sliney stated that he spoke with Jim Park of Gee and Jenson,
• who needs additional time to prepare the amendments for the
Comprehensive Plan. The procedure needed is to have a second
Public Hearing, have 1st reading of the ordinance on Sept 29, a
Public Hearing and adoption in conjunction with the October Work
Shop meeting on 10/27, and either adopt the amendments on October
27th or on November 4. Either way there would be ample time to
submit the amendments to the DCA. Mr. Park responded that this
timeframe is adequate.
BOARDS AND COMMITTEES
Monthly Board Meetings for September were read into the record.
PROPOSED ORDINANCES AND RESOLUTIONS
Mayor Voress read the following Proposed Ordinances into the record
as a first reading:
(1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT
A TAX LEVY BASED UPON THE 1998 TAX ROLL OF THE TOWN OF HIGHLAND
BEACH. (first reading 8/4/98; published 8/26/98; final reading
scheduled for 9/15/98.)
(l) Aid ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
APPROPRIATING FUNDS FOR THE FISCAL YEAR 1998-1999, BEGINNING
OOTOBER 1, 1999 AND ENDING SEPTEMBER 30, 1999. (first reading
8/4/58; ,published 8/26/98; final reading scheduled for 9/15/98.)
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Recfular_ Meetnct Minutes Paae 5 of 5
REGULAR BUSINESS
Consent Agenda
Upon Motion by Commissioner Sorrelli/Commissioner Hill, the
following items were unanimously approved.
(1) ADDITIONAL $3,000 AMENDMENT TO TOWN'S CONTRACT WITH GEE &
JENSON RE PREPARATION AND PROCESSING OF COMPREHENSIVE PLAN
AMENDMENTS.
(2) CH2M HILL TASK ORDER N0.8 TO PERFORM MANDATED PROJECTS
RELATING TO YEAR TWO OF THE TOWN'S NATIONAL POLLUTANT
DISCHARGE ELIMINATIONS SYSTEM (NPDES) INTERLOCAL AGREEMENT.
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ADJOURNMENT
There being no further business to come before the Commission at
this time, Mayor Voress adjourned the Regular Meeting at 5:25 P.M.
upon MOTION by Commissioner Sorrelli/Commissioner Hill.
jpd
APPROVE:
Arlin G. Voress, Mayor
absent
Thomas J. Reid, Vice Mayor
absent
David Augenstein, Commissioner
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Michael W. Hill, Commissioner
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J n J. So e~~, Commissioner
ATTEST: ~ ~ ~~,
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