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1992.07.07_TC_Minutes_Regular.w . . 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. ~J 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 in 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. r~ LJ 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. U 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 ~ ' ~ c-"-- ., Commissione ATTF1ST : i `~ ~ ~ / 1 ~ c {_ <_. ate : -~ ~ -__ ~ ~, amk ~ ~1 •