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1992.10.06_TC_Minutes_Regular~'-- - t . TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, October 06, 1992 1:30 .m. In the absence of Mayor Joseph A. Boulay, Vice Mayor Bill Paul called the Regular Meeting of the Town Commission of the Town of Highland Beach, Florida, to order at 1:30 p.m. in the Commission Chambers at Town Hall. Others in attendance were Commissioners Arlin Voress, Arthur Eypel, and John F. Rand. Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, and members of the general public. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA The agenda, amended by moving the J. M. Montgomery Engineers pre- sentation (listed under the Town Manager's Report) to a position immediately after Public Comments and Requests, was adopted as amended. APPROVAL OF MINUTES The following Town Commission Meeting Minutes were submitted for approval: August 25, 1992 - Special Meeting August 25, 1992 - Workshop Meeting September 02, 1992 - Regular Meeting September 02, 1992 - Public Hearing/Special Meeting September 04, 1992 - Public Hearing September 15, 1992 - Public Hearing/Special Meeting MOTION by COMMISSIONER RAND/COMMISSIONER VORESS accepting the Minutes as written received unanimous approval. PUBLIC COMMENTS AND REQUESTS Mr. James Donovan of 1106 Bel Air Drive addressed the Town Commis- sion with regard to the recorded beach access easement (located North of Ambassadors S. Condo and runs through the Ocean Place property) which he indicated is only for the use of those resi- dents on the South side of Bel Air Drive in the Highland Beach Isles Sub-division. Mr. Donovan stated many trespass the easement to access the beach where they create problems that often require our police to be summoned to the area. During substantial discus- sion, it was noted that it seems, with our Police Department being .~ Town Commission Regular Meeting Minutes October 06, 1992 Page 2 of 7 called to mediate matters re the easement, the Town will be drag- ged into a private property matter as to who can and can not use said easement, it was suggested residents of the Highland Beach Isles Sub-division consider installing a fence at the easement site. Mrs. Sadie Spadafina of 1105 Russell Drive, noting she is the temporary President of Highland Beach Isles Sub-division, advised she has a plat map showing the residents around the canal that belong to the Highland Beach Isles Group. It was noted the Com- mission Members have copies of said plat map. Mrs. Spadafina in- formed the Commission that Ocean Place property representative Mr. DeRenzo has done a great job with regard to the Highland Beach Isles residents and, therefore, Mrs. Spadafina would like to give him time to install a gate at the site of the easement. In the near future, a private gate will be installed and residents will have keys to gain access to said easement. Mr. Michael Dent of the Casuarina questioned why the Palm Beach County Municipal League was setting up a Countywide Intergovern- mental Coordinating Task Force when the Planning Council was recently disbanded. It was noted the Planning Council was sun- setted because it was felt it was not needed; however, the • Municipal League feels that a task force is necessary to handle interjurisdictional situations in the County is necessary. REPORTS - TOWN MANAGER 1. J. M. Montgomery Engineers presentation re Intracoastal Waterway Pipeline With the amendment of the agenda, J. M. Montgomery (the Town's Engineers) representatives Clay Blanton and Dan Burden, at this time, presented an up-dated status report regarding an additional pipeline across the Intracoastal Waterway. Engineer Blanton, not- ing the project for an alternate waterline under the Intracoastal Waterway running from the water plant in Boca Raton to the storage tanks at the Town Hall complex started some time ago, explained the status of the permitting process of the various state agencies and advised the Department of Environmental Regulation, due to the Mangrove migration to the North, suggested an alternate route that is 95' North of the proposed location which runs parallel with the existing pipeline. The alternate route would increase the length of the pipeline approximately 35$ therefore the cost would also increase proportionately. Following substantial discussion, COM- MISSIONER RAND MOVED to have the Town Commission approve the Town Commission Regular Meeting Minutes October 06, 1992 • Page 3 of 7 submittal of the permitting application for for routing of the second pipeline under the way. COMMISSIONER VORESS SECONDED the MOVE. in unanimous approval with "AYE" votes cast Voress, Eypel, and Vice Mayor Paul. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul the DER alternative Intracoastal Water- A roll call resulted by Commissioners Rand, Vice Mayor Paul, under his report, extended thanks to Commissioner Voress, Town Manager Mariano, and all who have been working to oppose the proposed changes of the Coastal Construction Control Line. At this time, the Town Manager who, along with Mayor Boulay, re- present our Town on the Palm Beach County Municipal League, was called upon by the Vice Mayor with regard to submitting names of two nominees for consideration of appointment to the Countywide Intergovernmental Task Force. A memo of 10/05/92 from Mayor Boulay to the Town Commission pro- posing two nominees (Gale English and Bob McDonald) for the • Countywide Intergovernmental Task Force was acknowledged. After review of said memo and lengthy discussion, it was the consensus to submit the following two nominees for consideration of appoint- ment by the Palm Beach County Municipal League to the Countywide Intergovernmental Coordination Task Force: BOB McDONALD, MAYOR OF LANTANA, and GLEN MACON, MAYOR OF ATLANTIS. Following delibera- tion, COMMISSIONER VORESS/COMMISSIONER RAND MOVED that the Town Commission approve the nomination of BOB McDONALD and GLEN MACON. The MOVE received all favorable votes. Commissioner Arlin Voress Commissioner Voress reported on the meeting Town representatives attended in Captiva with the Florida Department of Natural Resources, Division of Beaches and Shores Preservation, where they spoke with said Department's Tallahassee staff (Ms. Virginia Wetherell, Kirby Green, and Hal Bean) at which time it was sug- gested the DNR model used to establish the CCCL be up-dated, it be peer reviewed; and, as it will take time to do so, the DNR should delay the time for moving the CCCL. The Commissioner was informed that Kirby Green spoke with Ms. Wetherell and they feel the DNR would up-date the model to state of the art, have it peer reviewed as well as take the time to determine how to test seawalls and n U Town Commission Regular Meeting Minutes October 06, 1992 Page 4 of 7 take them into account in the model; it is a process that will take time and money. It was noted a formal letter will be submit- ted by the DNR with regard to the Town/Coalition Group of the Palm Beach Coastal Communities winning the battle to get a state of the art model as well as a delay of approximately 1 to 1-1/2 years. Commissioner Voress, noting November 03, 1992, is the date of the National Election, advised the issues on the ballot are important to Highland Beach. He encouraged all residents to visit Town Hall where information regarding ballot language of all issues to be voted on in the National Election is available for review; all citizens are urged to study the issues they will be voting on. Commissioner Voress noted the American Cancer Walk-a-thon, a fund raising event, is scheduled for Saturday, October 17, 1992. All who will participate are to gather at Spanish River Park in Boca Raton. Commissioner Arthur Eypel Commissioner Eypel noted amazement in the progress made by a group of concerned citizens who took on one of the largest and strongest bureaucracies in Tallahassee in opposing the movement of the CCCL. • The Commissioner extended thanks to all who worked so hard on this issue. Commissioner Eypel noted the American Cancer Walk-a-thon is worthy of mention particularly in light of whom we are honoring in this fund raising event, our Police Officer Frank Mencik and Utility Department Employee Brian Williams. Commissioner John F. Rand Commissioner Rand, alluding to Vice Mayor Paul September Workshop Meeting regarding unsightly being present for almost a week, questioned if be to change the collection date from Thursday noted this matter was considered; however, due ment, it could not be changed in this contract In response to Commission may the exceptions of Adjustment. ' s comments at the curbside trash the solution would to Monday. It was to lack of equip- year. Commissioner Rand's inquiry, it was noted the Town over-ride a decision of the Town's Advisory Boards; would be the Code Enforcement Board and the Board Town Commission Regular Meeting Minutes October 06, 1992 . Page 5 of 7 With regard to Commissioner Rand's request at the last Workshop Meeting to have the Town Manager contact Adelphia Cable regarding notices mailed to subscribers, Town Manager Mariano was informed by Mr. Chuck Blaine that the FCC required Adelphia to send out the notices regarding an option for service of an in-put selector switch for certain channels which would allow the subscriber, in case of a hurricane/disaster, to hit a switch to disengage the cable service whereby they would then receive the local channels available. Further, Town Manager Mariano informed the Commission Adelphia has been in touch with the condominium managers with regard to the converter box exchange for residents returning to Town. Informa- tion was mailed to subscribers; Adelphia will accommodate their clients individually. Commissioner Rand, noting he had some concerns with the wording of the Mutual Aid Agreement between the Boca Raton Police Department and the Highland Beach Police Department, advised he is in favor of the intent and the spirit of the agreement; his concerns regarding the wording will be made known when said agreement is discussed. • Mayor Joseph A. Boulay Absent - no report. REPORTS - TOWN ATTORNEY Attorney Sliney, under his report, advised a counter proposal regarding Drexel Investments, Inc., was prepared and submitted to the Commissioners for their review. If the Consent Agenda is approved this date, the document will be submitted to Drexel. Regarding the Mutual Aid Agreement alluded to by Commissioner Rand under his report, the Town Attorney advised he feels it is necessary and in the Town's benefit to have such Agreement. REPORTS - TOWN MANAGER Town Manager Mariano, under her report, requested Thursday, December 03, 1992, be approved for scheduling the Government Open House for Town residents at which an attempt will be made to improve on the program. The Commission unanimously approved the date of December 03, 1992, for the Government Open House. The Town Manager noted the American Cancer Walk-a-thou this year is in honor of Highland Beach Police Officer Frank Mencik as well • as Utilities Department Employee Brian Williams. Town Commission Regular Meeting Minutes October 06, 1992 Page 6 of 7 Town Manager Mariano, noting the Mayor received a letter from the Holiday Boat Parade Committee seeking funds for fireworks display to be presented during the Boynton Beach/Delray Beach Boat Parade, advised the Mayor questioned if such display is necessary. Inas- much as the parade barely reaches our Town and with the budget being tight, it was the consensus to have the Town Manager respond in writing to indicate we can not make a donation at this time. REPORTS - BOARDS AND COMMITTEES Vice Mayor Paul, citing the scheduled meetings of the various Town Boards, noted the one member vacancy on the Board of Adjustment. COMMISSIONER VORESS/COMMISSIONER EYPEL MOVED to reappoint Ms. Jane Rayner to a three year term on the Board of Adjustment. Same car- ried without objection. Commissioner Rand, noting he was very impressed with Ms. Rayner's resume, advised the Town is fortunate to have her serve on our Town Board. PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR UTILITY RATES, FEES AND/OR CHARGES, SPECIFICALLY AMENDING HIGHLAND BEACH CODE SECTION 11-13 • OF CHAPTER 11, RELATING TO GARBAGE, TRASH AND RECYCLING CHARGES. The ordinance was given first reading, by title only, by Vice Mayor Paul. Same will be on the October Workshop Meeting Agenda for discussion. 2. A RESOLUTION AUTHORIZING THE ENTERING INTO AND EXECUTION OF A MUTUAL AID AGREEMENT BETWEEN THE TOWN OF HIGHLAND BEACH AND THE CITY OF BOCA RATON FOR POLICE SERVICES. The Members addressed the resolution and reviewed the Mutual Aid Agreement for Police Services. At this time, Commissioner Rand presented his suggested amendments to the Mutual Aid Agreement noting these changes are based on his view that the Agreement should be between the Town of Highland Beach and the City of Boca Raton and not their respective Police Departments. Following substantial discussion, it was the consensus to amend the title to read "COMBINED MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT THAT CROSSES JURISDICTIONAL LINES"; first paragraph, line three, will read "the City of Boca Raton, on behalf of the Police Department, and the Town of Highland Beach, on behalf of the Police Depart- ment, etc.; in the body, law enforcement agencies shall remain; Town Commission Regular Meeting Minutes October 06, 1992 Page 7 of 7 and, paragraph 'f' will be eliminated as will a portion of the last sentence of the resolution. COMMISSIONER RAND/COMMISSIONER VORESS made a MOTION to adopt the Agreement as amended as well as the amended resolution authorizing the execution of same. The MOTION passed unanimously. REGULAR BUSINESS Items Left Over None Consent Agenda Approval of counter-proposal for submittal to Drexel Investments, Inc. COMMISSIONER VORESS/COMMISSIONER EYPEL MOVED to approve the Consent Agenda. Same received all favorable votes. ADJOURNMENT There being no further business to come before the Town Commission • at this time, upon proper MOTION, Vice Mayor Paul adjourned the Regular Meeting at 3:15 p.m. ~.-:- __. APPROVED : .~ ~ .: ' ~ .F- -- ~'' os h Boulay Mayor Bi11 Paul, Vice Mayor s, ~gmmiss~~ner hur Eyp~~;~om~.ss~s~ner Rancl, Commissioner