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1992.04.28_TC_Minutes_Workshop.~ .t - TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, April 28, 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, Arthur Eypel, and John F. Rand. Also in attendance were Town Attorney Thomas E. Sliney, Town Clerk Anne M. Kowals, and members of the general public. Town Manager Mary Ann Mariano was absent. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA The agenda, amended upon Commissioner Voress' request to delete Item 92.8 (discussion re J. M. Montgomery's up-dated report re the Town's Saline Intrussion Monitoring Program), was accepted as amended. At this point, Mayor Boulay announced our Town Manager, Mary Ann Mariano, had undergone successful surgery on April 22, and is now recuperating at home. 92.1 PUBLIC COMMENTS AND REQUESTS Gary Nikolits, candidate for office of Palm Beach County Property Appraiser, addressed the Commission to inquire as to the Town's residents' concerns with regard to the Property Appraiser's Office. 92.2 BOARDS AND COMMITTEES Mayor Boulay, noting no vacancies exist on the Town's Advisory Boards and Committees, urged anyone interested in serving on any Town Board to submit a Talent Bank Application (available at Town Hall) to the Town Clerk's Department and attend meetings to become familiar with the various Advisory Board Procedures. 92.3 PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 6 ENTITLED "BUILDING AND STRUCTURES" BY • Town Commission Workshop Meeting Minutes April 28, 1992 Page 2 of 7 THE ADDITION OF ARTICLE X, ENTITLE "SWIMMING POOL CODE", PROVIDING CODIFICATION. • The proposed ordinance, given first reading on 04/07/92 and pub- lished on 04/17/92, was read, by title only, by Mayor Boulay. It was the consensus to move this item to the May 05, Regular Meeting Agenda for possible consideration. 92.4 DISCUSSION RE MAY/JUNE NEWSLETTER During discussion of the draft May/June Newsletter, the Commission requested the inclusion of several items: recognition to Mrs. Helene Harris (a member on various Town Advisory Boards who passed away); a Public Hearing scheduled by the Department of Natural Resources, Division of Beaches and Shores, at the Boca Raton City Hall on May 28, 1992, at 7:00 p.m. regarding the proposed reestab- lishment of the Palm Beach County Coastal Construction Control Line; and, the Value Adjustment Board Meeting regarding property assessments and appeal process scheduled on May 20, 1992, at 2:00 p.m. at the Palm Beach County Board of County Commission Office, Governmental Center, West Palm Beach. This Newsletter, upon amendment, will be processed for mailing to residents. 92.8 DISCUSSION RE J. M. MONTGOMERY, TOWN'S ENGINEERS, UP-DATED REPORT RE THE TOWN'S SALINE INTRUSSION MONITORING PROGRAM This item was deleted from the agenda upon request by Commissioner Voress. MISCELLANEOUS - ITEMS LEFT OVER Status of Buildinq Development in Town The Commission received and reviewed the "Status of Building Development in Town", a report prepared by the building official. In response to Commissioner Eypel's inquiry, the building official advised that Mr. Antonacci of 3525 South Ocean Boulevard (Town Lot 78 E) was granted a variance by the Board of Adjustment regarding the side and rear setbacks; the Planning Board and the Community Appearance Board recommended approval of the plans converting the 10 unit structure to a triplex to be occupied by his family. • Town Commission Workshop Meeting Minutes • April 28, 1992 Page 3 of 7 Minutes for approval at May 1992 Regular Meeting The Commission reviewed three sets of Town Commission Meeting Minutes and moved same to the May 05, Regular Meeting Agenda for consideration. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Paul, noting he reported these matters at the last Regular Meeting, questioned the status of the unsightly recycling and trash bins located at the Fire Department as well as the condition of the vacant property across from the Fire Department. It was noted the Police Department was handling these matters. The Vice Mayor reported he spoke with the Town Manager and County Sanitation representative Bill Johnson with regard to possibly changing 'trash pick-up' from Thursday to Monday in order to ac- commodate the residents (most of whom do yard work/clean up on weekends). It was noted this change would not be possible at this time because of lack of necessary equipment. It was further noted • that, in several months, stricter regulations will be enforced with regard to what is contained in a load before the load is accepted at the landfill. The Vice Mayor suggested information explaining what constitutes trash and what constitutes garbage that is picked up on Thursday be included with the water bills so as to educate and reach all residents. Vice Mayor Paul noted a resident on the end of Russell Drive, on the South side, has had a trash pile on his property since Monday. Police Chief Cecere advised his department will look into this matter. Vice Mayor Paul cited a Boca News article regarding recycling in various area municipalities which omitted information pertaining to the Highland Beach recycling program. The Vice Mayor further noted that the Boca News also fails to list the various Town Boards Meeting dates. It was the consensus that the Vice Mayor draft a letter to the Boca News to inquire why information relating to Highland Beach is never included in their newspaper. With regard to the proposed Coastal Construction Control Line, Vice Mayor Paul stated he believes the town manager and building official will be looking at the zoning chapter of the Town's Code of Ordinances which may require possible changes. • 1 Town Commission Workshop Meeting Minutes • April 28, 1992 Page 4 of 7 Commissioner Arlin Voress Commissioner Voress, noting Item 92.8 was deleted from this agenda, acknowledged receipt of the J. M. Montgomery draft pro- posal of the Town's Saline Intrussion Monitoring Program. The Commissioner advised our water permit requires the Town to file a notice by May 15, of our intentions to monitor our wellfield for salt water intrussion. The Commissioner will be meeting with J. M. M. tomorrow (April 29) to discuss said report and requested the Town Commission allow him the freedom to present something for approval at the next Regular Commission Meeting on May 05, as the Town must respond to South Florida Water Management District with regard to some program. Regarding the up-coming hurricane season, the Commissioner advised that all emergency generators are in place (they are hooked up and tested regularly); in case of a major power failure, the emergency generator back-up is available for all utility systems. Commissioner Voress urges all residents to visit Town Hall to review the display received from the Department of Natural Re- sources, Division of Beaches and Shores, regarding the proposed reestablishment of the Coast Construction Control Line. He strongly urged all to attend the Public Hearing on this matter scheduled for May 28, 1992, at 7:00 p.m. at the Boca Raton City Hall. Commissioner Arthur Eypel Commissioner Eypel, agreeing with his associates, emphasized the importance of all residents reviewing the DNR submittal regarding the proposed Coastal Construction Control Line as well as resident participation in the scheduled Public Hearing at Boca Raton City Hall on May 28, as this is a matter that will affect the entire Town. The Commissioner noted, as he understands it, everthing in front of the Coastal Construction Control Line comes under the purview of the Department of Natural Resources, Beaches and Shores. The submittal from this agency indicates that just about every struc- ture East of AlA is affected by this proposed change. Noting this is a very important matter regarding our Town and all who live here, the Commissioner strongly recommended all familiarize them- selves with the DNR submittal displayed in the Town Hall Lobby as well as their presence at the Public Hearing in Boca Raton City Hall on May 28, 1992, at 7:00 p.m. • .+ Town Commission Workshop Meeting Minutes April 28, 1992 Page 5 of 7 Citing Florida Statute 380.08, "Protection of landowners' rights", Commissioner Eypel stated he considers property rights at issue with regard to this DNR proposal. Commissioner Eypel acknowledged receipt of a memo dated April 15, from Jack Horniman of the Municipal League asking all municipali- ties to request all Council Members and City Officials to be available to serve on various Municipal League Boards that address very important issues. Commissioner Eypel submitted his name for service on the Palm Beach County Beaches and Shores Committee. Mayor Boulay, noting Jose Echeverria is the Town's Delegate to the County Beaches and Shores Committee, stated the Town is entitled to name an Alternate who would substitute (and vote) in the absence of the Primary Delegate; the Alternate may attend all meetings and get involved in discussions but the Town votes through the Primary Delegate appointed to the Beaches and Shores Committee. Commissioner Eypel, noting he reviewed a copy of the Gee & Jenson Bike Path Study, stated that what the Town did last year to im- prove the bike path was an inexpensive alternative to building a full scale bike path. With the bike path being used extensively by both walkers and cyclists during the winter months, the Commis- sion may want to address the safety aspect of said path. Mayor Boulay noted, before the bike path improvement was under- taken, the Gee & Jenson Study was deliberated at length with all the alternatives being considered. The Mayor stated it is his belief that the only way to cure all the problems on the bike path would be to totally reconstruct the path which would be costly as well as require the Town meet the criteria of the Department of Transportation (much difficulty is involved in meeting their requirements). Commissioner Eypel, noting the Town could extend the bike path to an 8' width which would not require DOT pemitting, questioned if, at some future time, the Commission may want to address this mat- ter again to provide comfort to all who use the path. The Mayor suggested the Commissioner pursue some alternatives that would fit into the Town's plans and budget. Commissioner Rand suggested Commissioner Eypel inquire of Gee & Jenson what today's costs would be for Phases 3 and 4. • Town Commission Workshop Meeting Minutes • April 28, 1992 Page 6 of 7 Commissioner John F. Rand Commissioner Rand, questioning the status of the withdrawal of At- torney Dan Rosenbaum as co-counsel in Town litigation as well as his surrendering to the Town all research and documents relating to this matter, was advised by the Town Clerk that Town Manager Mariano submitted a written request to Attorney Rosenbaum regard- ing his withdrawal and the return of all data regarding this mat- ter; to date, Attorney Rosenbaum has not complied with said return request. The Commissioner suggested we send a follow-up letter to inquire what action Attorney Rosenbaum has taken with regard to returning the data. Town Attorney Sliney advised the client has full access to any files pertaining to the client's matter. The Commissioner reported that 330,000 signatures have been col- lected with regard to the "Save Our Homes Petition" for Constitu- tional Referendum regarding the limitation of assessed valuations (363,000 signatures are required as well as 10 of the 19 Congres- sional Districts approving said petition; the Commissioner noted he was not aware of these requirements). With our District 14 having the greatest shortage of petiions, Commissioner Rand requested residents who have not signed such petition to do so at Town Hall where said petitions are available. Upon questioning by Commissioner Rand of the status of the Walk-a- thon and photos taken during said fund raiser, the Mayor advised that gathering of the Walk-a-thon data ends on 4/30; photos (being developed by Eckerds at no cost) will be available after 4/30. The Mayor, noting his processed photos will be available to the Commissioner, stated the benefit was a success with Highland Beach raising $5,400.00. Mayor Joseph A. Boulay Mayor Boulay, noting everthing he had in mind was covered by his associates, had no official report. REPORTS - TOWN ATTORNEY Town Attorney Sliney noted he believes the proposed Coastal Con- struction Control Line matter is one of the most crucial issues facing the Towns; it has a lot of constitutional issues. A leading case which we hear about through the News Media is taking place in the State of South Carolina and will be heard by the Supreme Court this year; it is similar to what is happening down L~ r ~ ? Town Commission Workshop Meeting Minutes April 28, 1992 Page 7 of 7 here. In the guise of protecting the beaches, there seems to be a major incursion on private property and it will have a major impact on all residents in Town. A large turnout is encouraged at the Public Hearing scheduled by the DNR on May 28, 1992, at 7:00 p.m. at the Boca Raton City Hall. Commissioner Rand suggested Mr. Jere Smingler of the Condo Managers' Association be apprised of the matter so he can advise all the Condos of this very important issue. It was noted inform- ation relating to this matter has been placed on the government channel; data concerning the Public Hearing on May 28, 1992 at 7:00 p.m. at the Boca Raton City Hall will also be included. Commissioner Eypel commented that this matter does not really ad- dress the safety of residents - it is about property rights (i.e. if anyone owns a vacant lot along the coast, he may not do with that property what he sees fit.) REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano was absent - no report. Charter Review Board Chairman Murphy advised this Board's review is winding down; a final review of the proposed amendments to the Town's Charter is scheduled for June 04, 1992. There being no further business to come before the Town Commission at this time, Mayor Boulay adjourned the Workshop Meeting at 3:00 p . m . ~"_' c1 APPROVED: TE ~T: D E : ~~.~ / K Bill Paul, Vice Mayor A in ores , CommJ~issioner ~. 't Arthur Eype mmissione `~~.-,-. ,~ I Rand, Commissioner •