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1993.07.06_TC_Minutes_Regularl * > 1 S TOWN OF HIGHLAND BEACH, FLORIDA... Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, July 06, 1993 1:30 .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, John F. Rand, and David Augenstein. 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. CALL TO ORDER Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA The Agenda was accepted as written. APPROVAL OF MINUTES • The following Town Commission Meeting Minutes were submitted for consideration: May 20, 1993 - Special Meeting May 25, 1993 - Workshop Meeting June O1, 1993 - Regular Meeting MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN to approve the minutes as submitted received unanimous approval. PUBLIC COMMENTS AND REQUESTS Mr. Lawrence Rosner of Braemer Isle noted he has been a resident of the Town of Highland Beach for the last three years. As an Electrical Engineer, this Talent Bank Applicant stated he is now retired and is offering his services to participate in the devel- opment and preservation of the Town. Mr. Jose Echeverria of Russell Drive, head of the Town's Turtle Program, noted his group is not encouraged this year as the turtle nesting is running short of last year's tally due to the cold waters. He noted Tallahassee is looking to extend the .'lights out' period through the month of November. Mr. Echeverria stated • Town Commission Regular Meeting Minutes July 06, 1993 • Page 2 of 8 the condos and beachfront home owners are cooperating with regard to 'lights out' for the Turtle Program. Mr. Echeverria, noting he is also involved in the beach clean-up program, stated volunteers are needed for these programs. Alluding to comments made at the June Workshop Meeting regarding a salary increase for the Commission and noting the elected offi- cials are doing a terrific job, Mr. Echeverria stated each member ran for public office not for the money but for what each one was wishing to do. In conclusion, Mr. Echeverria said "If you are volunteering, let's save our money for improving things in Town". REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul had no report. Commissioner Arthur Eypel Commissioner Arthur Eypel, alluding to a letter of 6/23/93 from WPEC TV 12 regarding their seeking retransmission consideration from area cable companies, went on record to oppose WPEC's request . noting the cost for such monetary consideration would be passed on to the consumer. Commissioner John F. Rand Commissioner John F. Rand, noting a 'leash law' pertaining to pets is included in the Town Code of Ordinances, suggested either our Police Department enforce this law or it should be repealed. Commissioner David Augenstein Commissioner David Augenstein, under his report, introduced Braemer Isles resident Mrs. Alexandra Bracie who presented the Town with a work of art, the Declaration of Independence, painted by her late father, artist Arthur Szyk. Mrs. Alexandra Bracie, addressing the Town Commission, noted she is a new resident of Highland Beach. Mrs. Bracie stated her Polish born father, Arthur Szyk, whose works of art are very spe- cific and recognizable, died in 1951 at the age of 57. Mr. Szyk fought against injustices, he worked as a war cartoonist, his work was extensively published in the 1940's. Mrs. Bracie advised she has exhibited and hopes to exhibit more of his work. Town Commission Regular Meeting Minutes July 06, 1993 • Page 3 of 8 Mayor Voress, noting the work of art will be framed and displayed in the Commission Chambers, extended thanks, on behalf of the Town Commission, to Mrs. Bracie for her generous gift to the Town. Mayor Arlin Voress Mayor Arlin Voress reported the emergency generator has arrived; it will be connected to the high service pumps in the near future. The Mayor noted tests of the chloride content of the sewer water taken by our water treatment plant personnel indicate the average runs around 760 ppm. Noting the work Delray Beach did matched our analytical testing, the Mayor advised a meeting with Delray City officials to discuss this matter is scheduled for Monday, July 12, 1993. Mayor Voress cited a letter from the Army Corps of Engineers ad- vising application for approval of a permit for installation of an additional Intracoastal Waterway Crossing pipeline is incomplete and consideration will not be given until complete data, required within 30 days, is received. It was noted the Army Corps of Engi- neers, in their move from West Palm Beach to Jacksonville, lost all our data. The Mayor advised it will be approximately two • months before the ACE will act on this matter. With regard to the existing 16" Intracoastal Waterway Crossing pipeline, Mayor Voress noted the Town's Engineers' (Montgomery Watson) investigation indicates, should said line be broken, it would require three days, at a cost of $10,000, for a local contractor to complete the necessary repair work; such emergency would necessitate our purchasing water from either Delray Beach or Boca Raton at $1.00 per 1,000 gallons. Montgomery Watson informed the Town the Florida Department of Environmental Regulation, within the last year, revised their policy on extension of dredge and fill permits; therefore, they will not grant a permit beyond five years. Regarding the construction cost estimate to complete an additional Intracoastal Waterway Crossing pipeline, the Mayor noted the Town's Engineers originally quoted a range between $250,000. and $300,000. It was noted once all permits are received the Town would be in a position to go out for bids. Mayor Voress noted he attended the Mayors' Meeting with County Commissioner Mary McCarty last Friday at the South County Court- house where those in attendance received information with regard • Town Commission July 06, 1993 • Page 4 of 8 Regular Meeting Minutes to the Palm Beach County Economic Public Policy Plan; the County will have a fund to develop new jobs. The matter of the raise in the 'Gas Tax' by the Palm Beach County Commission was discussed. It was noted it appears this issue will fail as the majority of the County Commissioners opposed the increase. In response to Commissioner Rand's inquiry, the Mayor advised the County will receive necessary funds from the ad valorem taxes. Mayor Voress reported a copy of the contract between the Florida Department of Natural Resources and the University of Florida for the work in the Enhancement of the Coastal Construction Control Line Program - Erosion Models and Effects of Seawalls was received by the Coastal Communities Coalition; the Coalition is reviewing said contract. The Mayor noted three bids to professionally videotape the Town Commission Meetings, in the range of $500-600/month, have been submitted to the Town Clerk's Department. Mayor Voress requested anyone knowledgeable in operating a video camera kindly submit their name to Town Hall to volunteer to help our Town transmit messages/meetings. Mayor Voress, noting he requested, at the June Workshop Meeting, • the Commissioners be prepared to nominate members to the Advice and Protection Program Ad Hoc Committee, accepted the following nominations: John E. Ward, Jonathan Kross, Liane Novak, Judith Lee Browner and Cheryl Carpenter. A MOTION by COMMISSIONER AUGENSTEIN/VICE MAYOR PAUL accepting the nominations received unanimous approval. Commissioner Rand requested each nominee complete a Talent Bank Application for submittal to the Town Clerk's Department. At this time, Vice Mayor Paul, alluding to ing the matter of 'gas tax' noted a public tonight in Delray Beach City Hall at 7:00 missioner Mary McCarty will be present to concerning County Government. REPORTS - TOWN ATTORNEY the discussion regard- meeting is scheduled p.m. where County Com- respond to any questions Town Attorney Thomas E. Sliney had no report. REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano reported she and the Town Attorney will review data for the purpose of drafting the appropriate Town Commission Regular Meeting Minutes July 06, 1993 . Page 5 of 8 document to reflect the Town Commission's consensus regarding the three-absence rule of Advisory Boards to assure consistency on all Town Boards. The Town Manager noted Palm Beach County requested she submit data as to the Town's position with regard to any future widening of AlA. It was the consensus of the Commission that the Town Manager forward a letter to advise the Town's stand has not changed--the Town opposes any widening of AlA. Alluding to comments made by the Mayor under his report, the Town Manager advised a draft of the Palm Beach County Economic Public Plan has been received and is available in Town Hall should anyone desire to review the data. Town Manager Mariano further noted she and Town Attorney Sliney attended a Growth Management seminar in Fort Lauderdale which encompassed new regulations under the new ELMS legislatin that must be followed during the next Comprehensive Plan review. The Town Manager, noting the Palm Beach County Municipal League has been working with the County in order to arrive at a "County- wide Intergovernmental Coordination Program" to assist all in the • countywide comprehensive planning, advised such program has been developed. Following the Town Manager and Town Attorney's review of the final draft, a proposed resolution for consideration re- garding said program which is to go into effect on October O1, 1993, will be submitted to the Town Commission. Town Manager Mariano, alluding to the Florida League of Cities' annual convention scheduled for August 12-14 in Fort Lauderdale, noted it is her hope that each Commissioner will attend the ses- sions offered. It was further noted the Gold Coast League of Cities is hosting a breakfast on August 14, 1993, at 7:30 a.m. It is requested the Commissioners interested in attending the conven- tion and/or the breakfast advise the Town Manager as registration for both is required. The Town Manager advised she received a fax this date from Attor- ney Trela White with regard to a resolution objecting to the Palm Beach County proposal that Westlands Protection Section of the Unified Land Development Code be adopted under the auspices of the Environmental Control Act, thus being effective countywide even within the incorporated areas of Palm Beach County, in derogation of the recently approved agreement between the Board of County Commissioners and the Palm Beach County Municipal League relative Town Commission Regular Meeting Minutes July 06, 1993 • Page 6 of 8 to countywide ordinance procedures. It was noted the Palm Beach County Municipal League is not opposing the ordinance; the League is opposing the process by which the County is doing it as the municipalities will have no option to see if they are for or against the matter. It was the consensus of the Commission to adopt the resolution which will require the County to submit any ordinances they propose to the Palm Beach County Municipal League so all municipalities will be aware of what the County is proposing. Town Manager Mariano advised an appropriate hearing will be set for mid-August to give consideration to the re-negotiation of the Adelphia Cable t.v. contract. Replying to Commissioner Rand's inquiry regarding the 'Mutual Aid Agreement' between the Town of Highland Beach and Boca Raton, as well as Delray Beach, the Town Manager advised our insurance policy covers our police officers wherever they may be while on duty (i.e. should they be out of Town limits responding to a call for assistance from Boca or Delray they are covered by our insurance policy). In response to Commissioner Rand's query concerning the City of • Boca Raton's request for 'first right of refusal' and the fencing in of our wellfield property located within said City's limits, Town Attorney Sliney stated Boca Raton advised this matter has been removed from their agenda and will not be moved forward at this time. REPORTS - BOARDS AND COMMITTEES Mayor Voress, citing the scheduled meetings of the various Advisory Boards, noted a vacancy exists on the Planning Board. At this point, COMMISSIONER RAND NOMINATED Felix Goldenson to a three year term on the Planning Board. When Vice Mayor Paul noted this nominee's Talent Bank Application indicated he is interested in serving on the Financial Advisory Board, Commissioner Rand stated Mr. Goldenson advised he is willing to serve the Town on the Planning Board. The NOMINATION, SECONDED by VICE MAYOR PAUL, was unanimously approved. PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE AMENDING SECTION 3.05 OF THE CHARTER OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTITLED "SALARIES OF COMMISSIONERS AND MAYOR RESTRICTED". Town Commission Regular Meeting Minutes July 06, 1993 • Page 7 of 8 The proposed ordinance, given first reading by title only, will be on the July 27, 1993 Workshop Agenda for further discussion. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 6.5 (b) OF SECTION 6.5 ENTITLED "NON- CONFORMING STRUCTURES" OF CHAPTER 30 ENTITLED "ZONING" OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH REGARDING REGULATIONS APPLICABLE TO THE RECONSTRUCTION OF A STRUCTURE DESTROYED BY A CATASTROPHIC EVENT. The above ordinance received first reading by title only. Same will be placed on the Agenda for the July 27, 1993 Workshop Meeting for further deliberation. 3. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH ENTERING INTO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND THE TOWN REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES WITHIN PALM BEACH COUNTY. During discussion regarding the above proposed resolution, Commis- sioner Rand questioned if the Town may be involved to an extent it may not envision. The Town Manager, noting the Commission adopted the same document last year when it had questions and requested a • clause be included, advised the County informed the Town it can not add a clause as this is not a funding agreement, it is merely an agreement to use our population figures only--it is a boiler plate HUD agreement they can not alter--they have to abide by a plan. Following deliberation a MOTION was proposed by VICE MAYOR PAUL/ COMMISSIONER EYPEL to adopt the resolution. Same carried with four "Aye" vote with Commissioner Rand casting a "Nay" vote. REGULAR BUSINESS Items Left Over None Consent Agenda 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH ENDORSING THE CANDIDACY OF THE HONORABLE CLARENCE E. ANTHONY, MAYOR OF SOUTH BAY, FLORIDA, AND CURRENTLY SECOND VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES FOR THE OFFICE OF FIRST VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES. Town Commission Regular Meeting Minutes July 06, 1993 • Page 8 of 8 The Consent Agenda was unanimously approved upon MOTION by VICE MAYOR PAUL/COMMISSIONER RAND. At this point, Villa Magna resident/owner Leonard Bell addressed the Commission noting he hopes applicants for the Advisory Boards are being considered according to the dates their Talent Bank Ap- plications were submitted and not necessarily on personalities and friendships. Regarding the proposed ordinance pertaining to salaries of elected officials, Mr. Bell was assured the public would have the opportu- nity to present their comments at the July Workshop Meeting at which time this matter will be on the Agenda for discussion. There being no further business to come before the Commission at this time, upon proper MOTION, Mayor Voress adjourned the Regular Meeting of the Town Commission at 2:50 p.m. r~ L APPROVED : ~~ d` ~ _ ~- ~_ rte' in Voress, M B~1 aul, ice Ma/Qor ss .iRa d, Comm ssio r -~~~ ~ R~l~i ~~~ ~~ ~ ) David Augerfste~, Commissioner