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1992.08.04_TC_Minutes_Regular!~ . TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, August 04, 1992 1:30 p.m. The Regular Meeting of the Town Commission of the Town of Highland Beach, Florida, was called to order by Mayor Joseph A. Boulay in the Commission Chambers at Town Hall at 1:30 p.m. Others present were Vice Mayor Bill Paul, Commissioners Arlin Voress, and John F. Rand. Commissioner Arthur Eypel was absent. Also in attendance 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 Upon amending the Agenda to include Adelphia Cable Representatives for discussion of converter box distribution (following Public Comments and Requests); a letter requesting extension of a build- ing permit relating to town lot no. 137 West (1) as well as a pre- sentation on 'Care Net' by Police Officer Frank Mencik under the Town Manager's Report, same was adopted unanimously upon proper MOTION. APPROVAL OF MINUTES The following minutes were submitted for approval: June 30, 1992 - Workshop Meeting July 07, 1992 - Regular Meeting COMMISSIONER VORESS/COMMISSIONER RAND MOVED to approve the above minutes as written. The MOVE carried without objection. PUBLIC COMMENTS AND REQUESTS Mr. Victor Hadeed of 3201 S. Ocean Boulevard, alluding to the converter box exchange which occurred over the past weekend and recognizing the fact that one can experience computer problems, noted Adelphia handled the procedure in a scandalous manner. The printed instructions did not apply to the units being distributed; the remote control shown in the instructions differed from the remotes distributed with the new converter boxes. ~. Town Commission Regular Meeting Minutes • August 04, 1992 Page 2 of 8 Delray Beach Commissioner Bill Andrews informed the Town Commis- sion he is a candidate for District 87 Florida House of Repre- sentative seat. Mr. Andrews, noting it is strictly a Republican Primary, stated the First Primary Election date is September O1. Mr. Dan Bucceroni of 3101 S. Ocean Boulevard, alluding to the matter of the CCCL, suggested engaging a law firm (to be paid by donations from coastal property owners) to represent us in front of the Governor's Cabinet. The Mayor, noting much work is being done to oppose the DNR's proposal to move the CCCL, advised a meeting is scheduled on August 06, 1992 at 7:00 p.m. in the West Palm Beach City Chambers to address how the matter will be handled with regard to Palm Beach County. The Mayor further noted the town is on record stating the DNR public hearings were held when most residents were out of the area. Commissioner Voress sug- gested Mr. Bucceroni touch base with Mr. Hadeed, Co-chair of the Focus Group, to be brought up to date regarding the CCCL matter. Mr. Hadeed informed Mr. Bucceroni there is a group of Highland Beach Concerned Citizens who have been meeting; representatives from Penthouse Towers where Mr. Bucceroni resides are aware of what is being done with regard to this important issue. It was noted that the group plans to attend the meeting in the West Palm Beach City Chambers on August 06, at 7:00 p.m. Dr. Ray Murphy of 4023 S. Ocean Boulevard, noting he has concerns regarding the proposed ordinance regarding boats and watercraft, reserved his comments for that portion of the meeting when this matter was to be discussed. Nr. Jose Echeverria of Russell Drive urged attendance at the meet- ing in West Palm Beach City Chambers on August 06, 1992 at 7:00 p.m. regarding the CCCL. He then reminded all it was 50 years ago on August 07th that the Navy landed on Guadalcanal. ADELPHIA CABLE REPRESENTATIVES JIM VERNON AND DOUG BENNETT Addressing the matter of on Town Hall property on Assistant Manager for Pa Saturday's problem which responded to the problem logized to the residents the converter box exchange which occurred August O1 and 02, Jim Vernon (Adelphia's Lm Beach County) noted they were aware of was a result of computer failure; they as quickly as possible. Mr. Vernon apo- for any inconvenience. Each Member of the Town Commission expressed his displeasure in the manner in which Adelphia Cable handled the converter box exchange program. Commissioner Voress, addressing the matter of the exchange, noted he was at the site for two days and worked with Doug Bennett who did a super job; however, Adelphia's management let him down. The Commissioner, noting Adelphia had a month to plan this exchange, ,~ Town Commission Regular Meeting Minutes . August 04, 1992 Page 3 of 8 questioned why management was not in attendance and why they did not recognize that the instruction manuals distributed with the boxes were not compatible. Noting instructions were not accurate, residents should have been advised that they have to wait a half hour for the computer unit to program itself, Commissioner Voress stated he had to make two long distance phone calls before his unit would work. The Commissioner emphatically stressed the fact that it was not a computer failure but rather the failure of Adelphia management who did not organize the exchange properly. Mr. Vernon stated Adelphia had competent staff handling the situa- tion and he had never been involved in the conversion box exchange program. Mr. Vernon further stated that they have added three more tele- phone lines--it is a local call for Highland Beach, the number is 368-2301, it rings through to the main office (Riviera Beach) as it should. Regarding residents who were out of the area during this exchange program, Mr. Vernon advised converter boxes will be available at the Oak Street Office in Boca; Adelphia will also be happy, upon • request, to deliver to the residences as well as educate the sub- scriber with regard to the new converter box. It was noted that those subscribers who were affected by the ex- change program will receive a two day credit on their invoice. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Paul had no report; however, he questioned if anyone had any information on the people writing to the Monday Paper with regard to the beach conditions in our town. Mr. Echeverria noted he contacted the newspaper relative to this matter and was advised that said party would call him to discuss same. To date, Mr. Echeverria has received no communication regarding this matter. Mayor Boulay stated, and all Commissioners agreed, the beaches in town are in fine condition, thanks to Mr. Jose Echeverria and his staff of beach cleaning volunteers. Commissioner Arlin Voress Commissioner Voress gave an up-dated report on the matter of the Coastal Construction Control Line. He noted Governor Chiles voted against the movement of the CCCL in Duval County while his six Town Commission Regular Meeting Minutes August 04, 1992 Page 4 of 8 cabinet members supported the move. The Commissioner further noted that residents known as the 'Focus Group' are working dili- gently to defeat the DNR's proposal to move the CCCL further west in Palm Beach County. In this regard, a meeting is scheduled on Thursday, August 06, 1992 at 7:00 p.m. in West Palm Beach City Commission Chambers, Olive Avenue and Second Street. All resi- dents are urged to attend this very important meeting which will be chaired by attorneys from three different law firms, hired by commercial properties and coastal property owners to see what will be done to prevent approval of the DNR's proposal as it relates to Palm Beach County. Commissioner Voress advised the Focus Group is to meet with Engi- neer Erick Olsen, who is flying in from Jacksonville, on Thursday, August 13, 1992 at 1:00 p.m. to discuss what type of technical effort might be appropriate for Highland Beach. Commissioner Voress further advised that town representatives at- tended a Palm Beach Countywide Beaches and Shores Council Meeting at which time they considered putting together a one page document for Beaches and Shores Council to request, in the name of the Palm Beach County Commission, that the DNR get their model up to date • (state of the art). Commissioner Voress advised the DNR has the right to use any reasonable model (it does not have to be state of the art). Commissioner Arthur Eypel Commissioner Eypel was absent - no report. Commissioner John F. Rand Commissioner Rand reported a battle was won in the field for tax revenues and fair distribution of the tax burden. The matter of limiting property tax increases to 3~ will be before the voters on the November Ballot. The Commissioner extended thanks to all residents who signed a petition for this purpose and noted when citizens make an effort, it makes a difference. Commissioner Rand urged all to attend the August 06, 1992 meeting at 7:00 p.m. in West Palm Beach City Chambers regarding the CCCL issue. Town Commission Regular Meeting Minutes . August 04, 1992 Page 5 of 8 Commissioner Rand informed Members he had written a letter to area newspapers regarding the July 28, 1992 Palm Beach County Commis- sion Meeting at which fire/rescue services fee assessment methods were discussed. The Commissioner read said letter (a copy of which is attached to and made a part of these minutes) into the record. Mayor Joseph A. Boulay Mayor Boulay, alluding to Commissioner Rand's report, noted the meeting the Commissioner referred to was before the Palm Beach County Board of Commissioners which all members of the Town Com- mission, Town Manager, and Town Attorney attended. The Mayor and Town Manager presented the town's side of the fire/rescue fees requesting a new method of assessment be considered. Mayor Boulay acknowledged receipt of a letter from Governor Chiles thanking Highland Beach citizens for their efforts on the CCCL as well as the town's representatives attendance at the Duval County Hearing in Tallahassee. REPORTS - TOWN ATTORNEY • Town Attorney Thomas E. Sliney, reporting on the CCCL issue, ad- vised the town has spent a lot of time working on this important matter. He noted the efforts have gotten the Governor's attention indicating that people getting involved can make a difference. The Town Attorney further noted it behooves all citizens to show up at the August 06, 1992 meeting in the West Palm Beach City Chambers at 7:00 p.m. REPORTS - TOWN MANAGER 1. Agenda Report Form re Palm Beach County Community Development Block Grant Program The Commission reviewed the Town Manager's Agenda Report Form re- garding Palm Beach County Community Development Block Grant Pro- gram. Mr. Douglas R. Pugh, Senior Planner, Division of Housing and Community Development Board of County Commissioners Palm Beach County, was present to address inquiries of the Commissioners. Following substantial discussion, COMMISSIONER RAND/COMMISSIONER VORESS MOVED "that the Town of Highland Beach participate in this Interlocal Community Agreement between Palm Beach County and Town Commission Regular Meeting Minutes • August 04, 1992 Page 6 of 8 ourselves as presently proposed, with the understanding that a separate request be made by our town staff asking that considera- tion be given to a modification of such Interlocal Agreement of subsequent areas to include provisions which are presently a mat- ter of concern to us. And, I request staff be directed to draw up a resolution to bring about the signing of this Agreement." The MOVE received unanimous approval. 2. Agenda Report Form re Recycling Interlocal Agreement The Agenda Report Form, submitted by the Town Manager, regarding Recycling Interlocal Agreement was discussed at length. It was noted that this Agreement is not to be confused with the Town's County Sanitation Contract. Following deliberation, COMMISSIONER VORESS MOVED "the Interlocal Agreement for Municipal Recycling be approved; and, I direct town staff to draft a resolution to memorialize this Interlocal Agreement." The MOVE, SECONDED by COMMISSIONER RAND, carried without objection. 3. Request re Town Lot No. 137 West (1) Town Manager Mary Ann Mariano received a written request from • Attorney Robert A. Eisen regarding the extension of building permit no. 7046 relating to Town Lot No. 137 West (1). Following brief discussion, VICE MAYOR PAUL made a MOTION to approve the extension of building permit no. 7046 for one year. COMMISSIONER VORESS SECONDED the MOTION which received unanimous approval. The Town Manager informed the Commission that Police Chief Bill Cecere has been elected to a position of commissioner on the Law Enforcement Planning Council for Palm Beach County. 4. Report by Police Officer Frank Mencik re 'Care Net' Officer Frank Mencik of the Highland Beach Police Department re- ported on the July 24, 1992 Meeting he attended in West Palm Beach in the Office of Emergency Management of Palm Beach County at which the 'Care Net System' was discussed. Noting it is a commu- nication system for all Palm Beach County for emergencies, Officer Mencik advised all municipalities install a telephone system which is a large conference call to be used in emergency. Officer Mencik noted the County wants 100$ participation in this program. Following substantial discussion, the Town Manager noted she will be meeting with other Town Managers to see what their feelings are with regard to this matter. Town Commission Regular Meeting Minutes August 04, 1992 Page 7 of 8 REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted scheduled meetings of the various Town Boards and Committees. It was also noted that, presently, there are no existing vacancies on Town Boards and Committees. PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH PROHIBITING THE OPERATION OF BOATS AND WATERCRAFT OFF THE BEACH. The ordinance, given first reading on 07/07/92 and published on 07/17/92, was discussed. Dr. Ray Murphy, residing at 4023 South Ocean Boulevard, addressed the Commission noting the ordinance needs more work. Dr. Murphy suggested this ordinance be tabled as it should not be adopted in its present form. Following deliberation, MOTION was presented by COMMISSIONER VORESS/COMMISSIONER RAND to table this proposed ordinance. The MOTION received all favorable votes. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO • EFFECT A TAX LEVY BASED UPON THE 1992 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. The ordinance, given first reading by title only by Mayor Boulay, will be placed on the August Workshop Agenda for discussion. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROPRIATING FUNDS FOR THE FISCAL YEAR 1992-93, BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 10, 1993. The ordinance received first reading by title only by the Mayor. Same will be on the August Workshop Agenda for further discussion. 4. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENDORSING THE CANDIDACY OF THE HONORABLE CLARENCE E. ANTHONY, MAYOR OF SOUTH BAY, FLORIDA, FOR THE OFFICE OF SECOND VICE-PRESIDENT OF THE FLORIDA LEAGUE OF CITIES. The resolution, discussed at length at the July Workshop Meeting, was adopted upon MOTION by VICE MAYOR PAUL/COMMISSIONER VORESS. The MOTION carried without objection. 1 ~ ~ ~ Town Commission August 04, 1992 Page 8 of 8 REGULAR BUSINESS Regular Meeting Minutes Items Left Over None Consent Aqenda None At this point, Commissioner Rand, in response to Paul Kane's in- quiry regarding the possiblity of the town having its own fire/ rescue department, advised that, should the Palm Beach County Commission approve a new method of fee assessment, the town would stand to save substantially. The Commissioner noted the service provided by Palm Beach County is good; it's the cost of such service that we take exception to. Town Manager Mariano noted that, aside from the cost of initially starting such department and maintaining same, there are numerous concerns (i.e training staff, fire fighters vs. paramedics, liability) she is not sure we could provide such service for less money without sacrificing the level of service. ADJOURNMENT There being no further business to come before the Town Commission at this time, the Mayor adjourned the Regular Meeting at 3:35 p.m. APPROVED: AT'~EBT ,~~ ~ ~~, ~ . ~ ri, C~-z.~ ~ t ~-L,~ to : % ) ~ ('Jos A .° Bou~, Mayor Bill Paul, Vice Mayor Ar in Voress, Commissioner Absent Arthur Eyp , ommissione 7 ~..,~- . Rand, Commissioner July 31, 1992 Letters to the Editor Attn. Mr. Wayne Ezell The Boca News 33 Southeast 3rd Street Boca Raton, Fl 33432 I am writing with regard to the County Commission Meeting of July 28, exploring the merit of Flat Fee for Fire Rescue Service. Since I was at that meeting when this subject was discussed, I must say, in all candor, that your article unfortunately omitted some very cogent remarks and facts that were brought up to explain and justify why consideration for a change in the present method of funding Palm Beach County Fire Rescue Service was needed. Our County, our State of Florida, and our Country are in desperate need of tax reform and especially a fairer distribution of our tax burden. I think it is grossly unfair that many Florida residents living in moderately priced homes, trailers, and condominiums are obtaining public service benefits at substantially reduced tax cost and, in some cases, at no tax cost at all. Why should a resident living in a home valued at $50,000. have to pay for fire • rescue service whereas a resident with an equivalent type home in another section of the same neighborhood with a value of $25,000. doesn't have to pay for it because of the $25,000. homestead exemption? Residents with higher valued homes are already paying higher separate premiums for fire insurance protection. However, the level of fire rescue service is the same for all residents and should be assessed on an equal basis. The cost of putting out fires or providing medical assistance in either home is the same regardless of the value of the home. That's why a proposal was made to seek a more equitable sharing of fire rescue cost. It's the same analogy that was used in assessing garbage collection and sewer fees which is certainly applicable in this issue. I am also writing this letter to express my outrage and indigna- tion at the rude, shameful, and cowardly behavior of County Commissioner Carole Phillips at the above meeting. It may be her right to disagree on a particular matter but to walk out of a hearing in a huff and make irrelevant insulting remarks is not how a County Commissioner should defend the best interests of Palm Beach County and her constituents. If she had stayed to listen to the entire presentation, she would have learned that many of the residents in her district would benefit from the proposed change. Such behavior in my opinion constitutes a lack of leadership and discourtesy. This is the same County Commissioner Phillips who Letters to the Editor July 31, 1992 Page Two showed up almost 40 minutes late at a County Budget hearing three years ago causing a delay of that meeting and creating an almost uncontrollable hostility among the taxpayers who came on time. I sincerely hope that the voters of District 5 will carefully review her behavior, her record, and her qualifications in considering her for reelection in November. John F. Rand 4211 Intracoastal Drive Highland Beach, FL 33487 Tel (407) 276-2392