1992.07.07_TC_Minutes_Regular.w
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, July 07, 1992 1:30 p.m.
Mayor Joseph A. Boulay called the Regular Meeting of the Town Com-
mission of the Town of Highland Beach, Florida, to order in the
Commission Chambers at Town Hall at 1:30 p.m. Others present were
Vice Mayor Bill Paul, Commissioners Arlin Voress, Arthur Eypel,
and John F. Rand.
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
The agenda, amended by moving Item 11 (Consent Agenda) forward to
a position following Item 5 (Public Comments and Requests), was
accepted as amended upon MOTION by VICE MAYOR PAUL/COMMISSIONER
EYPEL. Same carried without objection.
. APPROVAL OF MINUTES
The following Minutes were submitted for approval:
May 26, 1992 - Workshop Meeting
June 02, 1991 - Regular Meeting
MOTION by COMMISSIONER RAND/COMMISSIONER VORESS approving the
above Minutes carried unanimously.
PUBLIC COMMENTS AND REQUESTS
Mr. Victor Hadeed of 3201 S. Ocean Boulevard, citing a meeting
scheduled for July 15, 1992 in Tallahassee regarding the CCCL in
Duval County, advised he supports the idea of the Town being re-
presented by our Town Manager Mary Ann Mariano and Commissioner
Arlin Voress at said meeting.
Mr. Jose Echeverria of Russell Drive, head of the Highland Beach
Turtle Program, advised there were 282 turtle nests as of the end
of June.
Mr. Echeverria, representing the Town on the Palm Beach Countywide
Beaches and Shores Council, reported that said Council's Chairman
John Walker wrote to Kirby B. Green, Florida DNR, Tallahassee, on
June 10, 1992 requesting comments of a technical nature be
accepted after the June 18, 1992 DNR deadline. Mr. Hal Bean,
Town Commission Regular Meeting Minutes
. July 07, 1992
Page 2 of 8
Chief of Bureau of Coastal Data Acquisition, Tallahassee responded
on June 25, 1992 noting extensions will only be granted for objec-
tions which are technical in nature and which pertain to the
methodology or material facts used by the Division of Beaches and
Shores in establishing the line or in cases where a qualified pro-
fessional was retained by the objector for the purpose of evaluat-
ing the Division's methodology or facts, and only for the minimum
time reasonable for such professional to perform the evaluation;
however, no extension shall be granted beyond September 15, 1992.
Mr. Echeverria noted Chairman Walker of the Palm Beach Countywide
Beaches and Shores Council drafted a letter on July 7, 1992 for
submittal to Mr. Hal Bean in Tallahassee, subject to the Town
Commission's approval, again requesting a time extension as well
as specific and complete computer input data, historical records
that were used, and a copy of the computer model so that a quali-
fied coastal engineer may evaluate it. Mr. Echeverria stated they
are working with technical people at Beaches and Shores Council
who want to help in the CCCL issue.
When Commissioner Voress, noting the Town requested and was pro-
vided with data by Tallahassee, questioned Mr. Echeverria as to
• whom would be doing the technical data, the response was that
several communities along the coast are hiring an engineer. Mr.
Echeverria said the Council will be meeting on Monday, July 13, at
1:30 P.M. at the County Engineering Department Building, 5th floor
Conference Room, 160 Australian Avenue, West Palm Beach and all
are invited to attend.
Commissioner Eypel, noting he was pleased to see that the Beaches
and Shores Council is taking steps in this matter, stated 'we need
to coordinate our efforts unless Beaches and Shores has retained
an engineer to do the study'. Mr. Echeverria, noting the Council
has not retained an engineer, advised there will be a coordinated
effort and it would behoove all our Commissioners to attend the
July 13, Beaches and Shores Meeting to give their comments.
CONSENT AGENDA
Items Left Over - None
Consent Aqenda
1. Approval of
submitted b
al for Lot 90E (3425 S. Ocean Blvd.
Mark Rothenberg of Highland Park Associates
Town Commission Regular Meeting Minutes
• July 07, 1992
Page 3 of 8
2. Approval of rollback of smoke alarm electric fee to
$1.00 per smoke alarm unit
Noting both items on the Consent Agenda were discussed at the last
Workshop Meeting, Mayor Boulay entertained a MOTION at this time.
VICE MAYOR PAUL/COMMISSIONER VORESS MOVED to adopt the Consent
Agenda. The MOVE received unanimous approval.
REPORTS - TOWN COMMISSON
Vice Mayor Bill Paul
No report.
Commissioner Arlin Voress
Commissioner Voress, as requested at the Workshop Meeting, re-
searched what would be involved regarding cost, timing, and
obtaining an extension of the CCCL hearing comment period to allow
an engineering firm to review and understand the information used
by the DNR in their study relating to their proposal to reestab-
lish the CCCL. The Commissioner spoke with Erik Olsen of Olsen
• Associates (the engineering firm engaged by Duval County) who
advised it would take his firm 2/3 months at a cost of $5,000 to
$10,000 to do a study for Highland Beach and he sees no problem
with getting an extension to September 15, if we engage a profes-
sional engineer. Mr. Olsen indicated that, essentially, the
report his firm would prepare for Highland Beach would be similar
to that submitted for Duval County (because the model is out of
date) which in summary states:
"In conclusion, we agree that the establishment of the CCCL,
based upon the 100 year dune impact, is sensible and it is in
the state's best interest to establish a line conservatively.
Our concern, however, is that there is an inordinate number
of implied conservative allowances in the state's dune ero-
sion methodologies (that's the erosion model) and that, when
superimposed, potentially result in a "grossly over conserva-
tive prediction of dune erosion". We feel that Atlantic and
Neptune Beach is a case when this over simplification (over
conservatism) is applied and is particularly evident. The
roots of this layered conservatism include:
Town Commission Regular Meeting Minutes
• July 07, 1992
Page 4 of 8
A) the large storm parameter area in surge modelling
B) the use of simplistic non-physical based erosion models
with an ad hoc multiplier (they plug in a factor of 2.5
because they say they do not know what kind of data to
put in here); and
C) the neglect of the erosion reduction offered by substan-
tial documented seawalls and revetments; and
D) the under prediction of the parameters of the model.
We recognize that the potential problems are associated with
the phasing in of new methodologies. However, we note that
the methodology changes to address each of these issues and
up-date the state's modelling efforts from the early dawn of
dune erosion models (which are used today) to an accepted
state of the art can be achieved very easily and efficiently
from an engineering standpoint. Failing the adoption of im-
proved methodologies, we request that the state examine how
many layers of conservatism inherent in its present methodo-
logy realistically affects the DNR's mandate to establish the
CCCL through the use of engineering predictions of a 100 year
dune erosion event."
• What Olsen is saying to the state is "Your model is out of date
and it is too conservative; if we just provide information to your
model, it will not change a thing."
Commissioner Voress noted Mr. Olsen, Dr. Edge (a costal engineer
from South Carolina) and Mr. Walthers of Coastal Technologies are
developing a proposal to update the model used in the 100 year
storm prediction so as to input the missing data which they will
rerun for Palm Beach County. This will develop a new CCCL based
on the current state of the art information. The proposal they
are looking at is in response to a solicitation from Attorney Ron
Kolins of the law firm of Moyles, Flannigan, Katz, FitzGerald &
Sheehan of West Palm Beach.
Mr. Olsen noted he has been dealing with the DNR for several years
and further noted the view in Tallahassee is that the DNR knows
the model is conservative but they believe it is the best that
they have and, with nothing else, the governor and his cabinet say
they will support what the CCCL proposal is based on the old
model.
In speaking with Attorney Kolins, Commissioner Voress was informed
that the attorney started by working for some of his clients who
oppose the proposed CCCL. Those clients (Ocean Boulevard Property
• Owners) include the Palm Beach Country Club, Palm Beach Bath &
Town Commission Regular Meeting Minutes
July 07, 1992
Page 5 of 8
Tennis Club, Ms. Alayne Massey, the Ocean Grand Hotel, and the
Citizens Association South of Sloans Curve (representing numerous
Palm Beach County coastal properties); they engaged the law firm
to assist them in their efforts. Attorney Kolins believes that an
updated model and current technology .will provide a sound techni-
cal basis to challenge the DNR which must include more than just
input from the scientific end for the model--it must include
economists. Further, Attorney Kolins advised we need a variety of
people looking into the administrative roll of the DNR and what
they're doing as well as inputting to the governor. Attorney
Kolins believes a total effort should be made on a countywide
basis, the cost of which would be approximately $200,000., to sup-
port the opposition of the CCCL. Noting Attorney Kolins advised a
mechanism is needed to pull the Palm Beach County coastal communi-
ties together, the Commissioner will be discussion with Attorney
Kolins (the week of July 13) how that effort will be pulled
together.
Commissioner Voress noted J.M. Montgomery, the Town's Engineers,
advised they have completed the data necessary to supply input to
the agency should the Town proceed with the installation of the
proposed pipeline across the Intracoastal Waterway. A draft of
• the bid package regarding insurance, scope of work, etc., will be
ready within the next few weeks.
Commissioner Arthur Eypel
COMMISSIONER EYPEL, upon questioning if there is a consensus to
send representatives to Tallahassee, MOVED that the Town Commis-
sion authorize our Town Manager Mary Ann Mariano and Commissioner
Voress to attend the Governor's Aides Meeting regarding the CCCL
on Wednesday, July 15, 1992, in Tallahassee. VICE MAYOR PAUL
SECONDED the MOVE which received unanimous approval.
Commissioner Eypel noted he had the opportunity to tour the Town's
Water and Sewer Department to look at the emergency electric gene-
rator. The Commissioner extended thanks to Utilities Director
Jack Lee for a job well done and assured the residents that, in
case of an emergency, that department has the capability of pro-
viding service without interruption.
Commissioner John F. Rand
Commissioner Rand thanked the 625 residents who submitted signed
copies of Resolution No. 602 which the Town forwarded to Palm
Beach County Commissioner Mary McCarty.
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Town Commission Regular Meeting Minutes
• July 07, 1992
Page 6 of 8
Mayor Joseph A. Boulay
Mayor Boulay, reinforcing his belief in the inequity of the relo-
cation of the CCCL, noted that, when riding along AlA and
observing the ocean in different areas, one really does not see
what is affecting that line or what affects the DNR reasoning.
Going through the various Towns, one can see there is a big
difference between each Town in the way the shoreline presents
itself to the ocean; therefore, the Mayor does not know how the
DNR can draw the CCCL in a straight line. Noting Highland Beach
has high dunes with vegetation and its beach is protected by the
coral outcropping and vegetation, the Mayor stated these facts
should be presented to the DNR to make them aware that the
Highland Beach coast is different and should be treated dif-
ferently with regard to the drawing of the CCCL in our area.
REPORTS - TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
REPORTS - TOWN MANAGER
• Town Manager Mary Ann Mariano reported the twelfth quarterly
final) survival assessment (mitigation) report for the Hidden
Harbor property has been received and is available for review
the Building Department.
REPORTS - BOARDS AND COMMITTEES
(and
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Mayor Boulay, noting the meeting schedule of the various Town
Advisory Boards, stated the Financial Advisory Board held a meet-
ing this morning and they will be recommending a millage rate for
consideration by the Commission at a Special Meeting on July 28,
1992 at 1:15 p.m.
PROPOSED ORDINANCES AND RESOLUTIONS
1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
REPEALING RESOLUTIONS N0. 483 AND 516 IN THEIR ENTIRETY
AND ADOPTING A NEW RESOLUTION SETTING POLICE FINES AND
OTHER ADMINISTRATIVE FEES.
The resolution, discussed at the June Workshop Meeting, was unani-
mously approved upon MOTION by COMMISSIONER VORESS/VICE MAYOR
PAUL.
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Town Commission REgular Meeting Minutes
July 07, 1992
Page 7 of 8
2. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGH-
LAND BEACH, FLORIDA, SUPPORTING A COOPERATIVE EFFORT OF
GOVERNMENT ENTITIES TO AMEND FLORIDA'S SUNSHINE LAW TO
PERMIT CONFIDENTIAL AND PRIVATE MEETINGS BETWEEN ELECTED
OFFICIALS AND THEIR LEGAL ADVISORS; DIRECTING THE TOWN
CLERK TO FORWARD THE RESOLUTION TO APPROPRIATE GOVERN-
MENTAL OFFICIALS; AND, PROVIDING FOR AN EFFECTIVE DATE.
The resolution was discussed at the June Workshop Meeting. A MOVE
by VICE MAYOR PAUL/COMMISSIONER VORESS adopting the resolution
received favorable votes.
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH PROHIBITING
THE OPERATION OF BOAT5 AND WATERCRAFT OFF THE BEACH.
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It was noted there is a move on in Broward County to reduce the
speed limit on the Intracoastal Waterway. During discussion of
the proposed ordinance, the Mayor advised he thinks the ordinance
could be reworded so as not to allow any watercraft being placed
in the water in an area where people are swimming/bathing. The
Town Attorney questioned how this ordinance would be enforced as
well as if and where the Town has jurisdiction in the waters. It
was the consensus to move this matter to the July 28, 1992 Work-
shop Meeting. Attorney Sliney advised he will redraft the ordi-
nance following receipt of comments at the July Workshop Meeting.
Mayor Boylay, noting Agenda Item 11 was addressed earlier in the
Meeting, asked if any member of the audience has any additional
comments .
Mr. Jose Echeverria, Russell Drive, the Town's representative on
the Palm Beach Countywide Beaches and Shores Council, stated that,
in view of the comments made regarding the DNR's CCCL proposal, he
feels our elected officials should attend the Beaches and Shores
Council Meeting on Monday, July 13, 1992 at 1:30 p.m. in West Palm
Beach.
Mr. Leonard Bell of the Villa Magna, noting the 'Focus Group'
encourages citizens to take an interest in Town matters, advised
that the next meeting date is Wednesday, July 22, 1992 at 9:00
a.m. at the Regency Highland, 3912 S. Ocean Boulevard to which all
are invited.
Mayor Bouylay inquired if the 'Focus Group' meeting date can be
changed inasmuch as the Town is hosting the luncheon meeting of
Town Commission Regular Meeting Minutes
July 07, 1992
Page 8 of 8
the Palm Beach County Municipal League in Town Hall at 10:00 a.m.
on July 22nd, to which the Commissioners are invited. Mr. Bell
advised he will visit the matter of the 'Focus Group' meeting
date and get back to the Commission.
ADJOURNMENT
There being no further business to come before the Town Commission
at this time, upon proper MOTION, Mayor Boulay adjournes the
Regular Meeting at 3:00 p.m.
it
APPROVED:
BilY Paul, Vice Mayor
~r in Voress, Commissioner
Arthur Eypel,/~o~ssioner
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., Commissione
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