1992.03.05_TC_Minutes_Regular'" TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Thursday, March 05, 1992 1:30 p.m. Mayor Joseph A. Boulay called the Regular Meeting of the Town Commission, Town of Highland Beach, Florida, to order in the Com- mission Chambers at Town Hall at 1:30 p.m. Others in attendance were Vice Mayor Bill Paul, Commissioners Arlin Voress, Arthur Eypel, and John F. Rand. Also present 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 was amended to include the Town Attorney's comments after Item 3; moving Item 1 under Items Left Over (Regular Busi- ness) to a position following the Town Attorney's comments; and, deleting the one member vacancy listed under the Planning Board. It was the consensus to accept the Agenda as amended. TOWN ATTORNEY COMMENTS Town Attorney Sliney, noting he would normally not comment on a case that has not been adjudicated nor any charge entered, advised that, because we were having a meeting and due to press coverage in today's issue of the Palm Beach Post regarding the Hidden Harbor/Broadview litigation, he felt some remark on behalf of the town was appropriate. The Town Attorney noted this is a complica- ted zoning case involving approximately 25 acres of vacant land in the middle of the Town. Attorney Sliney further noted this case involved unofficial action by a previous commission; the present commission and town administrators were not involved in the actions of this law suit. REGULAR BUSINESS - Items Left Over 1. Presentation of final audit re ort for fiscal year ending 9/30/91 by Chuck Haas of Haas & Diaz. Mr. Charles Haas of Haas & Diaz, the Town's Auditors, presented the final audit report for fiscal year ending 9/30/91 and noted it '. • Town Commission Regular Meeting Minutes March 05, 1992 Page 2 of 6 was a new format for a comprehensive annual report. Mr. Haas stated much credit goes to Finance Director Michael Seaman for providing much of the information. Commissioner Rand, noting jurisdiction, complimented ingful type of report with opportunity to have a fine with Commissioner Rand. APPROVAL OF MINUTES the Financing aspects are under his Mr. Haas and his staff for this mean- all historical data which gives all the perspective. Vice Mayor Paul concurred The following Minutes were submitted for approval: January 28, 1992 - Workshop Meeting February 04, 1992 - Regular Meeting • MOTION by COMMISSIONER RAND/COMMISSIONER VORESS to approve the two sets of Minutes as submitted carried without objection. PUBLIC COMMENTS AND REQUESTS At this time, no one addressed the Town Commission. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Paul, under his report, stated he read a letter which indicated the Town Commission is going to rezone the B and C sites in Boca Highland, which parcels are controlled by a court stipu- lation. The Vice Mayor noted that to make such a statement with- out checking out the facts is irresponsible; to change the zoning is a very lengthy process which requires State guidelines be followed. The Vice Mayor further reported that the referendum questions on the March 10, 1992 ballot would take powers away from municipali- ties and give powers to the County Commission who would control the destiny of Highland Beach. Vice Mayor Paul urged all to vote "NO" on the referendum questions. Town Commission Regular Meeting Minutes . March 05, 1992 Page 3 of 6 Commissioner Arlin Voress Commissioner Voress, under his report, urged all to cast "NO" votes on the land use referendum question #57 on the ballot for the March 10, 1992 Municipal Election as it is vital for this town to have control of its local destiny and costs for its local government. Commissioner Arthur Eypel Commissioner Eypel, under his report, concurred with comments of Commissioner Voress and Vice Mayor Paul -- vote "NO". Commissioner John F. Rand Commissioner Rand, under his report, reitereated his comments of last week (at the February 25, 1992 Workshop Meeting) regarding the start of the budget process at the county and town levels. The Commissioner stated we have to let the county know that we are not in favor of the unfair tax burden placed on properties in Highland Beach; a message must go forward to the County Commission to let them know we do not expect an increase in taxes. In this regard, the Commissioner suggested the Town Attorney prepare a Resolution for discussion at the March Workshop Meeting to advise the County Commissioners that we expect them to keep this budget lean and without major increases or surprises. Mayor Joseph A. Boulay Mayor Boulay, under his report, alluding to the comments made by the Town Attorney earlier in this meeting, repeated the fact that the present Board of Town Commissioners were not involved in the action that precipitated the Broadview litigation. The Mayor, noting the March of Dimes Walk-a-thon is scheduled for Saturday, April 4, in Boca Raton, advised the town has been per- mitted to stage a mini-walk on our bike path on that same date. Mr. Jere Smingler of the Condominium Managers' Association con- sented to coordinate the mini-walk. Mayor Boulay requested resi- dents interested in participating in this mini-walk call Town Hall for information. Town Commission Regular Meeting Minutes March 05, 1992 Page 4 of 6 Mayor Boulay remined all next Tuesday, March 10, 1992 is Super Tuesday, the date of our Municipal Election when all should vote "NO" on both referendum questions. The Mayor noted a Special Meeting/Canvassing Board has been scheduled for Wednesday, March 11, 1992 at 1:00 p.m. for the purpose of canvassing the results of the election and to swear in the Vice Mayor and newly elected Commissioner. REPORTS - TOWN ATTORNEY Town Attorney Thomas Sliney noted his comments at the beginning of this Regular Meeting constitute his report. REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano, under her report, noted the town has a policy regarding carry-over of annual leave which becomes a liability on the town's books. The Town Manager, noted that due to some of the things the Town Attorney alluded to earlier in this meeting, she has accrued a lot of leave; and, she is requesting approval from the Town Commission to convert same as she can not take the time off. VICE MAYOR PAUL/COMMISSIONER VORESS MOVED to grant the Town Manager's request to convert her accrued leave time. The MOVE carried without objection. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted there are no vacancies on any Town Boards or Committees . PROPOSED ORDINANCES AND RESOLUTIONS 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING RESOLUTION NO. 541 OF THE TOWN OF HIGHLAND BEACH, WHICH ESTABLISHED A WATER RESOURCES ADVISORY BOARD. Following discussion of the above resolution, COMMISSIONER RAND/ VICE MAYOR PAUL MOVED to adopt same. The MOVE received unanimous acceptance. Town Commission Regular Meeting Minutes • March 05, 1992 Page 5 of 6 REGULAR BUSINESS Items Left Over 1. Presentation of final audit report for fiscal year ending 9/30/91 by Chuck Haas of Haas & Diaz. This Item was moved to a forward position during the Adoption of Agenda. Consent Agenda 1. Approval of Supplemental Interlocal Agreement for Part II of the Environmental Protection Agency NPDES Permit Application. This matter was discussed fully at the February Workshop Meeting. MOTION by COMMISSIONER VORESS/COMMISSIONER RAND to adopt the Consent Agenda received unanimous approval. At this time, Mrs. Betty C. Dodd of Boca Highland, upon being recognized by the Mayor, referring to the Vice Mayor's comment • regarding a letter concerning the B and C sites at Boca Highland, noted Mr. Hyman cited those parcels in his letter because that property has gone bankrupt. Mr. Mike Browner of Boca Highland noted it was true that Marvin Hyman stated it was a possibility those sites would request rezoning; however, it is almost impossible to rezone that property and to state that is misleading. There being no further business to come before the Town Commission at this time, upon proper MOTION and SECOND, Mayor Boulay adjourned same at 2:05 p.m. ~_ a APPROVED : ~ - .~ ,. ~~ os h A. Boulay, Mayor Bil Paul, Vice Mayor Town Commission Regular Meeting Minutes March 05, 1992 Page 6 of 6 Arl./~n~ Vpress, ~Comm~ssioner Arthur E pel,^' issioner Joh .'nand, Co issioner,