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1993.10.05_TC_Minutes_RegularA' TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Tuesdav, October 05, 1993 __ 1:30 p.m. Mayor Arlin Voress called the Regular Meeting of the Town Commis- sion of the Town of Highland Beach, Florida, to order at 1:30 p.m. in the Commission Chambers at Town Hall. Others present were Vice Mayor Bill Paul, Commissioners Arthur Eypel, and John F. Rand. Commissioner David Augenstein was absent. Following roll call, the Pledge of Allegiance was given. At this point, Mayor Voress recessed the Regular Meeting to conduct the advertised Public Hearing regarding a request for a Special Exception. Following adjournment of the advertised Public Hearing, the Mayor reconvened the Regular Meeting at 1:40 p.m. At this time, the Commission addressed the matter of the request for Special Exception, submitted by Aldo Ruscito, to install boat lifting device at the single family residence at 4229 Intracoastal • Drive. Town Attorney Thomas E. Sliney, noting this particular property comes under Town Code of Ordinances Chapter 30, Section 5.2 (d) (2) and Section 10 regarding Special Exception Procedures, read said sections into the record. The Town Attorney advised this is a discretionary matter; the Town has to consider if this request will affect any properties or if it will affect navigation in the canal. A MOTION regarding the Special Exception from Mr. Aldo Ruscito for the boat lifting device would be required. COMMISSIONER RAND/COMMISSIONER EYPEL proposed the following MOTION "The Town Commission finds the petition in accordance with the Special Exception requirements read into the record, there is no serious affect on the neighbors' properties and navigation, and the Town Commission MOVES to approve the application for Special Exception for the boat lifting device at 4229 Intracoastal Drive." The MOTION received unanimous approval from the Members present. ADOPTION OF AGENDA The Agenda was unanimously approved as submitted. Town Commission Regular Meeting Minutes October 05, 1993 • Page 2 of 5 APPROVAL OF MINUTES The following Town Commission Meeting Minutes were submitted for consideration: August 31, 1993 August 31, 1993 September 03, 1993 September 07, 1993 - Workshop Meeting - Public Hearing - Public Hearing - Regular Meeting MOTION by VICE MAYOR PAUL/COMMISSIONER RAND approving the above Minutes carried without objection. PUBLIC COMMENTS AND REQUESTS No individual addressed the Town Commission at this time. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul had no report. • Commissioner Arthur Eypel Commissioner Arthur Eypel reported he attended the Community Ap- pearance Board Meeting on 10/30/93, at which meeting Members discussed the Town's sign ordinance relating to 'real estate' signs. Commissioner John F. Rand Commissioner John F. Rand noted he would like to make his report during discussion of the Intracoastal Waterway Pipeline scheduled under Item 11 on today's Agenda. Commissioner David Augenstein Commissioner David Augenstein was absent - no report. Mavor Arlin Voress Mayor Arlin Voress reported on the continued saltwater intrusion monitoring of our wellfields as required by South Florida Water Management District when they issued the ten year water permit to the Town. Following discussion, MOTION was made by VICE MAYOR PAUL/COMMISSIONER RAND to approve the proposal for services regarding the continued monitoring submitted by Montgomery Watson. . The MOTION received unanimous approval. Town Commission Regular Meeting Minutes October 05, 1993 • Page 3 of 5 Mayor Voress, noting the City of Delray Beach commenced providing Fire/Rescue Services to the Town as of Thursday, September 30, 1993, at 4:00 p.m., stated the transition was very smooth. The Mayor invited all residents to inspect our new rescue vehicle housed in our fire station. Mayor Voress noted the Town is now offering all residents free ambulance service (when such service is necessary) to and from area hospitals. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney, under his report, advised the Charter Amendment Ordinance will be read in its entirety when that matter is addressed under Item 10 on today's Agenda. REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano advised she will be out of the office all of next week. REPORTS - BOARDS AND COMMITTEES Mayor Voress noted the scheduled meetings of the various Town Boards and Committees. • Acknowledging receipt of a 'letter of resignation' submitted by Planning Board Member Frank Colarullo, the Mayor stated he would like to fill said vacancy at this meeting. Following brief delib- eration, COMMISSIONER RAND nominated Talent Bank Applicant Michael Hill to a three year term on the Planning Board. The nomination received unanimous approval. PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE AMENDMENT OF CERTAIN SECTIONS OF THE TOWN CHARTER, PROVIDING FOR REPEAL OF CERTAIN SECTIONS OF THE TOWN CHARTER, PROVIDING FOR THE ADDITION OF NEW SECTIONS AND ARTICLE AND PROVIDING FOR THE RESTATEMENT IN ITS ENTIRETY OF THE TOWN CHARTER; SPECIFICALLY AMEND- ING THE FOLLOWING SECTIONS OF THE TOWN CHARTER: 1.05, 1.06 (2), 1.06 (3), 1.06 (4), 1.06 (5), 2.01 (4), 2.01 (6), 2.01 (9), 2.01 (12), 2.01 (21), 2.01 (22), 2.01 (24), 2.01 (25), 2.01 (32), 2.01 (34), 2.01 (35), 2.01 (37), 3.02, 3.0.3, 3.05, 3.08, article iv, 4.01, 4.03, 5.01, 5.02, 5.03, 6.01, 6.03, 6.05, 7.01, 7.02, 7.05, ARTICLE VIII, 8.01, 8.02, 9.03, 10.01,; SPECIFICALLY REPEALING THE FOLLOWING SECTIONS OF THE TOWN CHARTER; 1.06 (9), 2.01 (2), 2.01 (14), 2.01 (26), 2.01 (27), \J Town Commission Regular Meeting Minutes October 05, 1993 • Page 4 of 5 4.02, 7.03, 7.06, 8.03, 8.04, 8.05, 8.06, 9.04,; SPECI- FICALLY ADDING SECTIONS 2.01 (41) ENTITLED FUNDING LIMITATION AND 9.07 ENTITLED LEGAL RIGHTS AND ARTICLE XI ENTITLED REVIEW OF CHARTER; PROVIDING FURTHER THAT THE CHARTER AS RESTATED SHALL BE FILED WITH THE FLORIDA SECRETARY OF STATE'S OFFICE. The ordinance amending certain sections of the Town Charter was read in its entirety for the final reading by Town Attorney Thomas E. Sliney who advised the final document will be supplied to the Town Clerk for the Commission signatures. Following discussion after the reading, MOTION by VICE MAYOR PAUL/COMMISSIONER EYPEL to adopt the ordinance as read received unanimous approval. Attorney Sliney stated this document will be filed with the Secretary of State's Office in Tallahassee. 2. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING THE EFFORTS OF PALM BEACH COUNTY IN CLEANING UP THE WATER BODY LOCATED WITHIN PALM BEACH COUNTY KNOWN AS THE LAKE WORTH LAGOON; PROVIDING FOR THE PROMOTION OF RECREATIONAL ASPECTS OF LAKE WORTH AND THE IMPROVEMENT OF WATER QUALITY AND HABITAT THEREIN; PROVIDING FOR EDUCATION OF THE GENERAL PUBLIC WITH .REGARD TO THE • PRESERVATION OF THIS ENVIRONMENTAL ASSET; REQUESTING OTHER MUNICIPALITIES TO ADOPT A SIMILAR RESOLUTION; PROVIDING AUTHORIZATION TO FURNISH COPIES OF THIS RESOLUTION TO ALL OTHER MUNICIPALITIES IN PALM BEACH COUNTY, THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. After brief discussion, COMMISSIONER RAND/VICE MAYOR PAUL MOVED to adopt the Resolution. The MOTION carried without objection. REGULAR BUSINESS Items Left Over 1. Intracoastal Waterway Pipeline (Montgomery Watson) During discussion of this matter, Commissioner Rand presented his report (a copy of which is attached to and made a part of these Minutes). During substantial deliberation, the Mayor gave the history of the Town's pipeline. Following the discussion, COMMIS- SIONER EYPEL/COMMISSIONER RAND "to defer the installation of the new pipeline and take whatever measures necessary to insure the proper, speedy repair of our existing water line in case of failure; and, also maintain the permits that have been applied for • and granted and are in place; and, we would want to make sure they are extended to the limit." Town Commission Regular Meetinq Minutes October 05, 1993 . Page 5 of 5 It was Town Manager Mariano's recommendation that the Town review this matter approximately one year in advance of the renewal date of said permits. The MOTION received all favorable votes. 2. Ad Hoc Committee for the Advice and Protection Program The Commission discussed the Ad Hoc Committee for the Advice and Protection Program at length. It was suggested the Committee Members review the videotapes of the September Workshop Meeting and this Regular Meeting to understand what the Commission is requesting they do (provide a list with a description of the services available from the various agencies) which may then be disseminated to our residents via postings in all condominiums, the Town Newsletter, the government channel, etc. The Town Manager will transmit .this information, in writing, to the Ad Hoc Committee . Consent Agenda 1. Transfers of funds MOTION by VICE MAYOR PAUL/COMMISSIONER RAND approving the transfers of funds received unanimous acceptance. ADJOURNMENT There being no further business to come before the Town Commission at this time, Mayor Voress, upon proper MOTION, adjourned the Regular Meeting at 3:25 p.m. APPROVED : ~--~Z--- ~ Arlin Voress, Mayor Bi 1 P ul, Vice Mayor Arthur Eype issione . Rand, Commission r fAbsentl David Augenstein, Commissioner TOWN COMMISSION REGULAR MEETING October 05, 1993 REPORT - Commissioner John F. Rand Re: Second Intracoastal Pipeline For the sake of perspective, thereby facilitating a frank discus- sion of this matter (which incidentally has been festering since 1990), I would like to make reference to certain events, conclu- sions and facts relative thereto which will provide a bearing on what course of action we Town Commissioners will decide upon. Our former Water Resources Advisory Board, back in 1990, unani- mously recommended that we should install a second water pipeline under the Intracoastal Waterway so as not to be dependent on only one existing pipeline, that was 20 years old, for our water supply. Shortly thereafter, our Financial Advisory Board also unanimously recommended a $150,000. funding for the construction of this second pipeline which was included in the budget presented for that year and since our Town was providing water to our residents at below cost, they also decided to raise our water rates to reduce that deficiency and also to provide for this funding to the extent of $50,000. with the remainder of $100,000. being covered out of our surplus cash reserves. • The Town Commission approved that budget and J. M. Montgomery was engaged to do the necessary engineering surveys and designs and to procure the required permits. In a December, 1991, Town Commission meeting, I complained about the lack of progress being made in this matter and the Town Com- mission agreed to set up a-meeting with Montgomery which Arlin Voress and I attended. We were assured by Montgomery that they were complying with their assigned task but the delay was attrib- utable to obtaining permits from the regulatory agencies which was a time consuming matter but Montgomery promised to endeavor expediting that process. Since this project was decided upon, we have thus far paid to Montgomery $76,360 (I repeat, $76,360) for the expenses incurred by them which I am told has been charged to the $150,000. appro- priation account explained earlier. So we still have a balance of $73,640. in that account. Furthermore, due to the increase in water rates which came about to provide, in part, for that particular appropriation, we are projecting a profit of $58,791. in the water system for the next fiscal year and with anticipated new home construction over the next few years, that profit should again be attainable and maybe even more so. REPORT - Commissioner John F. Rand October 05, 1993 Page Two Now, we come to our last Town Commission meeting where we are told that all permits are in place and the Town Commission should de- cide whether it wishes to complete the project at a cost between $230,000. to $320,000. We were also told that while it might be a possibility, it was highly unlikely that any catastrophic damage to our existing pipeline would occur. Furthermore, the existing pipeline has a life expectancy of 50 years and it is only 20 years old. Moreover, we were told that we could always count on obtaining water supply from Delray Beach and Boca Raton if we did not have access to our own water recources. WHY DID WE HAVE TO SPEND $76,360. WHEN THAT EXACT SAME SCENARIO EXISTED THREE YEAR5 AGO AND WE STILL DECIDED TO CONSIDER INSTALLING A SECOND PIPELINE?? I obtained the distinct impression from our last Town Commission meeting that some of you are no longer in favor of installing a second pipeline despite previous election campaign rhetoric that you were in favor of it and despite no prior inkling of such thinking in any previous Town Commission meeting! If you indeed do not feel that a second pipeline is necessary, • using the argument that we can always obtain water from Delray in case of any emergency, why don't you go one step further and consider closing down our own water plant, sell the water wells, plant and land to Boca Raton and have Delray supply us with our water needs. That would save us about $700,000. in annual operat- ing expenses and would probably result in an annual profit from our water enterprise of about $400,000. based on present water rates charged to our residents and what I am told Delray would charge us for supplying the water. If you can't decide on either of these alternatives, I would like to make a final suggestion. Since we have spent $76,360. to get to this point and since the construction permits for the second pipeline are valid for five years, let's postpone the decision to install it for as long as we can but making absolutely certain that we keep the. permits continuously valid and extend them in timely fashion.