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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. dmt •. 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 /"' Je~~. Kand Commissioner` ~~~ C~ Davi ugens ein • ATTEST: DATE: :J