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1992.06.30_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, June 30, 1992 1:30 p.m. Mayor Joseph A. Boulay called the Workshop Meeting of the Town Commission 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, and Arthur Eypel. Commissioner John F. Rand was absent. Others in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, and members of the general public. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA The agenda was accepted as submitted. 92.1 PUBLIC COMMENTS AND REQUESTS Mr. Victor Hadeed of 3201 S. Ocean Boulevard, noting he fully sup- ports those who will speak later with regard to the CCCL, stated the Town's zoning puts many of the buildings in a nonconforming • status and suggested the Town Commission address this issue to see what can be done. Mr. Felix Goldenson of 3224 S. Ocean Boulevard, alluding to the problems Seagate residents are faced with regarding retrofitting mandated by Palm Beach County Fire/Rescue, noted they have contracted with an electrical contractor to install smoke alarms in the units. Noting the excessive permit fee involved, Mr. Goldenson requested the Town Commission take whatever action is necessary to arrive at an equitable fee for installation of smoke detectors. Following discussion, it was the consensus to address the matter of the rollback of the smoke alarm electric fee to $1.00 per smoke alarm unit at the July 07, 1992 Regular Meeting of the Town Commission. Mr. Jason Brodsky of 4517 S. Ocean Boulevard, questioned the lack of a Town ordinance to require a pool be enclosed with fence to prevent any mishaps involving children. It was noted some insur- ance carriers require a pool be fenced in; however, it is not required by ordinance. Mr. King Cayce of 4105 S. Ocean Boulevard reported on two private meetings held by Town residents to create a line of reason that i Town Commission Workshop Meeting Minutes June 30, 1992 Page 2 of 7 would be effective to block the Department of Natural Resources proposal to change (move further West) the Coastal Construction Control Line. Mr. Cayce noted the consensus for proceeding was twofold: one way would be to engage an engineering firm for the purpose of reviewing technical aspects used by the DNR in their study and the second way would be to institute a class action suit against the DNR for monetary damages. It was requested that the Town engage an engineering firm to produce additional technical data for use in opposing the reestablishment of the CCCL with the organized residents group reimbursing the Town for expenses incurred in this regard. Mr. Cayce noted his property has not experienced any erosion in 30 years; the dune has not changed a bit due to the natural barrier that exists in Highland Beach. Commissioner Voress, having been requested to look into the matter, advised that Skip Randolph, Attorney for the Town of Palm Beach, hired a consultant who will work for that Town with regard to the CCCL matter. The Commissioner stated Bob Weiss, Chairman of the Property Rights Preservation Association, is working with Olsen Engineering for Duval County on the CCCL matter. It was • noted there are two different groups for the Town of Palm Beach (the property owners on the beach have a different view than those who are not on the beach): the beach residents hired the law firm of Moyles & Kollins and are engaging an engineering firm. The Town of Palm Beach Director of Planning advised they will not take any legal action and its effort will be minimal. The Town of Palm Beach suggests that citizens groups select someone other than Olsen Engineers so that the DNR will have to deal with various engineering firms. The Commissioner noted Boca Raton is doing nothing, at this time, with regard to the DNR proposal to move the CCCL. There is a view in some coastal communities that this matter could be best addres- sed by forming a coalition group to include technical data and look at the administrative end of the issue. Ms. Dewanne Bucceroni of 3101 S. Ocean Avenue, agreeing with the previous comments regarding the CCCL, noted property owners pur- chased more than the land in Highland Beach; they purchased the buildings as well as the lifestyle. As a realtor, Ms. Bucceroni stated prospective buyers must be advised of the DNR's proposal to reestablish the CCCL which not only affects the population but also insurance rates and the willingness of companies to insure properties in the Town. ~. Town Commission Workshop Meeting Minutes June 30, 1992 Page 3 of 7 Dr. Ray Murphy of 4023 S. Ocean Boulevard, agreeing with previous speakers, stated administrative laws affect everybody - the DNR proposal is a political game many people are interested in and we must get our legislators behind us. Mr. Tom Reid of 3015 S. Ocean Boulevard, noting he has a different understanding of the overall picture, questioned if the effort is something the Town will do itself - will it challenge or act against the DNR regarding the CCCL matter. Noting the density restrictions already in place make the CCCL more binding and com- pound the problem of dealing with the CCCL, Mr. Reid further noted the engineers and their technical report will affect the DNR report. Vice Mayor Paul suggested getting some concrete engineering costs prior to the July 7, 1992 Regular Meeting so the Commission may give this matter consideration. Commissioner Vorees, in response to Mr. Reid's comments, advised the Town has taken a stand with regard to the CCCL; it recognized that some problems were inherent and passed two Resolutions oppos- ing the DNR's proposal, and, in the Town's elected officials tes- tifying at the May 28 Public Hearing in Boca Raton City Hall. In each Town along Palm Beach County's oceanfront, there is activity by private citizens; some cities assist to a limited degree only inasmuch as elected officials find some residents want them to act while others do not want the officials involved in this issue. Commissioner Eypel, noting it has been several weeks since we have been under seige by the DNR, stated he has not had a single citi- zen approach him to object to the Town opposing the DNR. The Com- missioner, further noted it is the duty of the elected officials to represent the majority of the Town's citizens, advised this matter will impact all residents as the DNR does not want to com- pensate people for confiscation of their property. It is in the best interest of the entire community that we take steps to find the cost for engineering studies and determine what our involve- ment will be as a Town. 92.2 BOARDS AND COMMITTEES Noting there are no existing vacancies on Town Boards and Commit- tees, the Mayor stated there are five active Talent Bank Applica- tions currently on file. Residents interested in serving on any • . Town Commission Workshop Meeting Minutes June 30, 1992 Page 4 of 7 Town Boards and Committees are urged to complete Talent Bank Ap- plications, submit same to Town Hall, and attend Board Meetings in order to help in determining what Board/Committee they may be interested in. Mayor Boulay acknowledged receipt of a memo from Charter Review Board Chairman Ray Murphy transmitting the proposed Charter amend- ments to the Town Commission. It was the consensus to schedule a Special Workshop Meeting of the Town Commission for the purpose of reviewing the proposed Charter amendments. 92.3 PROPOSED ORDINANCES AND RESOLUTIONS 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING RESOLUTIONS NO. 483 AND 516 IN THEIR ENTIRETY AND ADOPTING A NEW RESOLUTION SETTING POLICE FINES AND OTHER ADMINISTRATIVE FEES. Following discussion of the proposed resolution, it was the consensus to move this matter to the July 07, 1992 Regular Meeting Agenda for consideration. 2. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING A COOPERATIVE EF- FORT OF GOVERNMENT ENTITIES TO AMEND FLORIDA'S SUN- SHINE LAW TO PERMIT CONFIDENTIAL AND PRIVATE MEETINGS BETWEEN ELECTED OFFICIALS AND THEIR LEGAL ADVISORS; DIRECTING THE TOWN CLERK TO FORWARD THE RESOLUTION TO APPROPRIATE GOVERNMENTAL OFFICIALS; AND, PROVIDING FOR AN EFFECTIVE DATE. A discussion of the proposed resolution resulted in Section 2 being amended. It was the consensus to include this matter on the July 07, 1992 Regular Meeting Agenda for further discussion and possible approval. 92.9 Discussion re pro osal for Lot 90E (3425 S. Ocean Blvd.) submitted by Mark Rothenberg of Highland Park Assocs. The Town Commission reviewed the proposal for Lot 90E (3425 S. Ocean Blvd.), submitted by Mark Rothenberg of Highland Park Assoc- iate The Commission moved this matter to the July 07, 1992 Regular Meeting Consent Agenda for consideration. .. Town Commission . June 30, 1992 Page 5 of 7 MISCELLANEOUS Workshop Meeting Minutes - ITEMS LEFT OVER Status of Building Development in Town The Town Commission Members received and reviewed a copy of the Status of Building Development in Town submitted by the Building Department. Minutes for approval at July 1992 Regular Meeting Following review of two sets of Town Commission Meeting Minutes, it was the consensus to move same to the July 07, 1992 Regular Meeting for consideration. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul, under his report, extended congratulations to Town Manager Mary Ann Mariano on her election as Chairman of the Palm Beach County Fire/Rescue Advisory Board. The Vice Mayor noted this is a very important Committee for our Town. • Commissioner Arlin Voress Commissioner Arlin Voresss, noting he commented during Public Com- ments and Requests, stated his activity has been to provide devel- oping information with regard to the Coastal Construction Control Line issue. Commissioner Arthur Eypel Commissioner Arthur Eypel, under his report, congratulated the Town Manager on her Palm Beach County Fire/Rescue Advisory Board appointment as well as Town Attorney Thomas E. Sliney who was ap- pointed Chairman of the Palm Beach County Republican Party. Commissioner Eypel, alluding to newspaper articles regarding the Supreme Court's decision in the Lucas (South Carolina) land-use lawsuit, noted he was reminded why it is a privilege and honor to be a citizen of the U.S.A. Commissioner John F. Rand Commissioner John F. Rand was absent - no report. •, ~• Town Commission • June 30, 1992 Page 6 of 7 Workshop Meeting Minutes Mayor Joseph A. Boulay Mayor Joseph A. Boulay, noting all public comments are appre- ciated, extended congratulations to the Town Attorney and the Town Manager. The Mayor, noting the Town of Highland Beach hosted a luncheon meeting of the Palm Beach County Municipal League approximately 1- 1/2 years ago, advised the League has requested to hold their meeting in our Town Hall on July 22, 1992 at 10:30 a.m It was the consensus to approve this luncheon meeting which the Town Commis- sion Members are invited to attend. Mayor Boulay further noted he is reviewing a flood insurance program he received that may include a discount for Highland Beach residents. More information may be available from the Finance Director at the Regular Meeting on July 07, 1992. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney, reporting on the Lucas land-use litigation in South Carolina, noted this case relates to several • issues we are dealing with. Noting Mr. Lucas purchased two ocean- front lots and, due to environmental regulations put in place fol- lowing Hurricane Hugo, he was not allowed to build on those lots, he instituted suit citing the fact that he was denied economic value of the property. The case was heard by the U.S. Supreme Court who ruled that, even if the regulation adresses a serious harm, the government must compensate a property owner who was denied all economic value of his land. REPORTS - TOWN MANAGER 1. Agenda Report Form re 'Proposed Prohibition of boats and watercraft off the beach'. The Town Commission discussed the Agenda Report Form submitted by Town Manager Mariano regarding a proposal prohibiting operating boats and watercraft off the beach. Following discussion of said matter, it was the consensus to have the Town Attorney prepare a draft ordinance regarding this issue for first reading at the July 07, 1992 Regular Town Commission Meeting. The Town Manager, noting the Town Attorney and she have attended many meetings regarding Fire/Rescue Service, advised that Palm ..,, , Town Commission Workshop Meeting Minutes • June 30, 1992 Page 7 of 7 Beach County Fire/Rescue Advisory Board, at their last meeting, unanimously approved a MOTION with a recommendation going to the Palm Beach County Board of County Commissioners to give consider- ation to changing the assessment method for Fire/Rescue Service fees from assessment values to people (population) which would relieve the Town of the burden it has been carrying for the County. It was noted that the County Board of Commissioners has the authority to change the assessment methodology; hopefully, they will act on this matter and the Town will realize a substan- tial savings in the 1993 budget. ADJOURNMENT There being no further business to come before the Town Commission at this time, Mayor Boulay, upon proper MOTION, adjourned the Workshop Meeting at 3:55 p.m. APPROVED: Ar in Voress, Commissioner Arthur Eypel,~ Cdmmissioner (Absent) John F. Rand, Commissioner ATTEST: ~`_ ~ ~ ~' - f- ' i 6. 'd. r pate ~_ ,~- ~_ / ~ ~ ~' amk