1993.06.29_TC_Minutes_Workshop-~ , .
TOWN OF HIGHLAND BEACH
• Minutes of Meeting of Town Commission
WORKSHOP MEETING
Tuesday, June 29, 1993 1:30 P.M._
Mayor Arlin Voress called the Workshop Meeting to order in Commission
Chambers at 1:30 P.M. Others in attendance were Vice Mayor Bill Paul
and Commissioners Arthur Eypel, John F. Rand and David Augenstein.
Also present were Deputy Town Clerk Doris Trinley and members of the
general public. It was noted for the record that Town Manager Mary
Ann Mariano and Town Attorney Thomas E. Sliney were absent.
ACCEPTANCE OF AGENDA
The Agenda was amended by Commissioner Augenstein to include intro-
duction of a proposed amendment to Section 6.5 [Nonconforming Struc-
tures] of Chapter 30 [Zoning]. There was no objection.
93.1 PUBLIC COMMENTS AND REQUESTS
Murray Reinstein, a resident of Dalton Place, 4748 S. Ocean Boulevard,
addressed the Commission expressing his displeasure regarding the
trimming of australian pine trees on county property in the south end
. of Town. Mr. Reinstein was of the opinion that the trees hadn't just
been trimmed, they had been 'denuded'. Commissioner Augenstein
explained how this project came to be and noted that all necessary
permits had been issued. The Commissioner advised that while he
respected Mr. Reinstein's opinion, since the permits were in order
and the job completed, there was nothing to be done except wait for
the trees to grow back.
REPORTS
Vice Mayor Bill Paul
Vice Mayor Paul thanked Police Chief Bill Cecere for arranging the
Hurricane Preparedness Seminar held on June 17. In this regard, he
reminded residents who will be away during hurricane season to
properly secure their property.
The Vice Mayor also advised that additional bike path signs are on
order and will be put in place as soon as they are received.
Commissioner Arthur Eypel
Commissioner Eypel advised he had met with residents John Ward and
Jonathan Kross regarding the Advice and Protection Ad Hoc Committee
Town Commission
Workshop Meeting - Minutes
June 29, 1993 Page 2 of 6
and thanked both for their time and input. The Commissioner also
advised that further information would be forthcoming on this issue
under the Mayor's report.
Commissioner John F. Rand
Commissioner Rand reported that he had recently toured the new Ellis
Island exhibit in New York and recommended it highly to all who might
have the opportunity to be in the New York area.
The Commissioner referred to Boca Raton's request that they be granted
right of first refusal on certain property adjacent to the Town's
wellfields, and requested that Town Manager Mariano determine if this
matter will be pursued further.
Regarding the three-absence rule relative to Board members' attendance
at meetings, Commissioner Rand advised that the Planning Board, Com-
munity Appearance Board and Board of Adjustment were in favor of their
Chairman being allowed discretion as regards excused versus unexcused
absences; the Financial Advisory Board opted for the status quo. At
the Commissioner's suggestion, it was the consensus of the members
that the Town Attorney be asked to draft a proposed ordinance
. reflecting the majority opinion.
Commissioner Rand asked that the Town Manager confirm that insurance
coverage is adequate regarding the interlocal agreement with the Boca
Raton Police Department and the Town's Police Department in the event
of emergency situations where it would be necessary for either de-
partment to operate within the other's territory.
Other items covered under Commissioner Rand's report included the
the Town Manager's recent memorandum advising that she and the Town
Attorney would be available to meet with Commission members before
Workshop meetings; a meeting he had attended regarding Adelphia Cable
offering different rates to different condominiums; and the possi-
bility of contracting with an outside professional to run the camera
and video equipment at Commission meetings. He also noted his ex-
perience as a member of the County's mini Grace Commission, in which
regard he complimented the Town's Commission on its ability to make
decisions in a far more timely manner.
Commissioner David Augenstein
Commissioner Augenstein noted that the recent work on Lots 9 and 10
West had not been completed and the area was left in extremely poor
condition, which generated numerous complaints both from an aesthetic
point of view and that, being below grade, pools of water soon formed
• and residents were fearful of mosquito infestation. Although Palm
Beach County Mosquito Control acted quickly to allay residents' Town
Commission
Workshop Meeting - Minutes
June 29, 1993
Page 3 of 6
fears, the Commission said the property remains untouched; however, it
was noted that the owner has been served with a Notice of Violation,
as well as a Code Enforcement Board Citation.
L~
Commissioner Augenstein noted he was impressed with the printed hurri-
cane preparedness literature distributed at the recent seminar and
asked if there would be sufficient copies available to be sent to
individual residents. Chief Cecere said he would check to see if such
quantities might be available.
Mayor Arlin Voress
Mayor Voress advised that at the July 6th Regular Meeting each Commis-
sioner will be asked to nominate a resident to serve on the Ad Hoc
Committee of the Advice and Protection Program. A member of Town Hall
staff will contact each candidate regarding a convenient date and time
to meet.
The Mayor relayed a request made at a recent Municipal League meeting
that the Town pass a resolution endorsing South Bay's Mayor Clarence
Anthony as First Vice President of the Florida League of Cities.
There was no objection to placing the resolution on the July Regular
Meeting Consent Agenda.
Regarding the Commission's approval of an interlocal agreement in
which the County asked the Town's population be allowed to be included
in their requests for federal and state monies, Mayor Voress said no
word had been received in regard to some language changes that
Commissioner Rand felt were necessary. The Town Manager has been in
touch with the County in this regard and continues to work toward
having the language changes implemented.
The Mayor noted the Florida League of Cities annual convention will be
held in Fort Lauderdale this year on August 12-14. On August 14,
there will be a breakfast meeting for all members of the League and
Mayor Voress urged that all Commission members attend if possible.
The Mayor's topic of Commission remuneration generated substantial
discussion. It was noted that it had been four (4) years since any
increase had been approved, with Commissioner Rand enumerating the
various activities in which the Commission is involved in the interest
of the Town that require much more time than attendance at just two
(2) meetings a month. Besides the time it takes to prepare for
meetings, the Commissioner gave other examples, i.e., weeks spent in
Federal Court in Miami last February, dealing with a situation that
had been inherited by the current Commission; the recent bond re-
financing on which the Commissioner personally had spent much extra
time; and meeting with various condo associations. He also pointed out
that the Commission members were also members of various committees
who meet with county and state officials in the interest of the Town
regarding fire/rescue services, water resources, waste management,
Town Commission
Workshop Meeting - Minutes
June 29, 1993 Page 4 of 6
•
beaches and shores, hurricane preparedness and coastal construction
control line, to name a few. Following the Commissioner's remarks, it
was the consensus that an increase should be considered for the
upcoming fiscal year and the Town Attorney be requested to prepare a
draft ordinance increasing the Commission members salaries to $400 per
month and the Mayor's salary to $500 per month.
Mayor Voress reported on a recent meeting held with Delray Beach
officials, himself, Town Manager Mary Ann Mariano and Utilities
Director Jack Lee. He advised that Delray treats our sewage water and
the effluent of the treatment plant is now dumped into the ocean.
Delray is currently under pressure from South Florida Water Management
District to re-use this water for golf course irrigation. In this
regard, the state requirement is that the chloride content of this
water must be no more than 400 parts per million. Since Delray is in
the 600 parts per million range now, they are looking for places where
chlorine leaks in and asserts that the Town's chloride content is
about 1200 parts per million. However, last year the Town put cameras
in the sewer lines and sealed leaks, and at this time our data show
the chloride content to be between 400-600 parts per million, although
Delray's data show the Town's count to be between 1000 and 1500 parts
per million. Because of these discrepancies, the Mayor spoke of the
obvious need for an analytical agreement and said the work in this
• regard will be completed shortly.
The Mayor referred to the Safe Drinking Water Act's requirement that
municipalities test for lead and copper content in residences built
between 1982 and 1988 and advised 19 residents had volunteered to have
their tap water tested. He added that the project will begin in July
and more volunteers are needed.
The Mayor noted that a used 150K generator has been purchased .for use
in emergency situations; a small boat with motor has also been pur-
chased for use in emergencies to allow water plant personnel access to
Town when bridges are inoperable.
In a meeting with Chief Kerry Koen of the Delray Beach Fire Depart-
ment, Mayor Voress said he had learned that one of their insurance re-
quirements is to have an automatic start generator on the fire emer-
gency equipment. The Mayor asked that specs on what is required be
forwarded so it can be determined if the previously mentioned emer-
gency generator will suffice for the operation of the fire emergency
equipment.
Regarding Adelphia Cable condominium rates, the Mayor said a letter
had been received from Adelphia's Chuck Blaine setting forth various
rate schedules. As regards the new Cable Act, Mayor Voress said he
had met with Town Manager Mariano, Finance Director Michael Seaman and
Attorney Mac Conahan wherein Mr. Conahan advised that the details of
Town Commission
Workshop Meeting - Minutes
June 29, 1993 Page 5 of 6
the Act would not be available until mid-July; however, because
Adelphia's contract expires in 1996, the Town has until September 1993
to hold a Special Hearing to declare notice to terminate Adelphia's
contract. If such a Hearing is not held by this time, the law re-
quires that Adelphia's contract be automatically renewed for a sub-
stantial period of time. If the Hearing is held and the Commission
declares its intent to terminate Adelphia's contract, then in essence
the Town will preserve its ability not to have the contract auto-
matically renewed; also the ability to cancel the notice to terminate
would likewise be preserved. It was Attorney Conahan's advice that
this Hearing be held by mid-August, which met with the consensus of
the Commission.
The Mayor reported that Palm Beach County Commission Chairman Mary
McCarty had advised she no longer supported the county's proposed
6-cent tax increase on gasoline, most probably because the federal
government will soon impose a tax of this kind. During discussion,
Commissioner Rand noted his disappointment in this reversal on the
Chair's part, primarily because he felt a tax of this kind would
benefit permanent county residents if tourists and other visitors were
subject to it.
• Mayor Voress gave an update regarding the EPA's NPDES Stormwater
Permit Application, advising a second draft of an interlocal agreement
for a 5-year monitoring program was being reviewed.
Regarding the lawsuit brought against the Town Commission and the Town
Manager by Harry Heithaus relative to his dismissal as Building Of-
ficial, the Mayor said the Town's insurers had been requested to cover
the fees of the same two attorneys who represented the Commission and
Ms. Mariano at Mr. Heithaus' hearing, which was held at Town Hall last
September.
Mayor Voress advised that bids had been solicited regarding the run-
ning of the camera and video equipment at the Regular and Workshop
Meetings, but the responses had shown the cost to be prohibitive. In
an effort to continue to look for ways to solve the problem, a
petition to residents who might be interested in volunteering for the
job is now running on Government Channel 12. In this regard, Com-
missioner Augenstein suggested that a notice might also be posted in
condominiums.
Commissioner Rand requested of the Mayor that an update on the status
of the second Intracoastal pipeline be available in time for the
July 6th Regular Meeting.
There being no further business to come before the Commission at this
time, and upon proper MOTION by COMMISSIONERS RAND/AUGENSTEIN, Mayor
Voress adjourned the Workshop Meeting at 2:45 P.M.
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Town Commission
Workshop Meeting - Minutes
• June 29, 1993 Page 6 of 6
APPROVE: ~~/-~j
n G. Voress; Mayor
Bi 11 Paul , Vice Mayor
ur Eype I , Cpl~mi~sioner
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Je~~. Kand Commissioner`
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