1993.04.27_TC_Minutes_Workshop
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
WORKSHOP MEETING
Tuesday, April 27, 1993 1:30 p.m.
In the absence of Mayor Arlin G. Voress, Vice Mayor Bill Paul
called the Workshop Meeting of the Town Commission of the Town of
Highland Beach, Florida, to order in the Commission Chambers at
1:30 p.m. Present also were Commissioners Arthur Eypel, John F.
Rand, and David Augenstein.
Others in attendance were Town Attorney Thomas E. Sliney, Town
Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, and members
of the general public.
ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
The Agenda, amended by moving Item No. 1 (Discussion re Town's
Wellfield/Environmental Sensitive Lands) under 'Reports - Town
Manager' to a position following Agenda Item No. 93.1 (Public
Comments and Requests), was unanimously accepted, as amended.
93.1 PUBLIC COMMENTS AND REQUESTS
No individual addressed the Town Commission at this time.
Inasmuch as Palm Beach County State Attorney Barry Krischer's
representatives were not in attendance to make their presentation,
the Commission called on Ms. Nina W. Seibert to present Boca
Raton's proposal regarding the Town's Wellfield.
PRESENTATION BY MS. NINA W. SEIBERT REGARDING THE TOWN'S
WELLFIELD/ENVIRONMENTAL SENSITIVE LANDS
Ms. Nina W. Seibert informed the Town Commission, as Property
Specialist for the City of Boca Raton, she is seeking the Town's
permission to fence in and preserve the environmental qualities of
our Wellfield located at the East end of NW 70th Street in Boca
Raton; and, in return, Boca would like first right of refusal
should the Town ever abandon and desire to sell said property.
Ms. Seibert stated Boca Raton has a contract to purchase a 4 acre
site immediately North of our Wellfield and advised fencing of
said property would be beneficial as it has beautiful qualities.
93.2 BOARDS AND COMMITTEES
Vice Mayor Paul, citing existing vacancies on the Code Enforcement
and Community Appearance Boards, stated this matter will be given
consideration at the May 4th Regular Meeting.
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April 29, 1993
• Page 2 of 8
The Vice Mayor noted no correspondence was received from any Town
Boards and Committees.
93.3 PROPOSED ORDINANCES AND RESOLUTIONS
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING THE TOWN CODE, CHAPTER 6, ENTITLED "BUILDINGS
AND STRUCTURES", SECTION 6-246, ENTITLED "FIRE ALARMS,
FIRE SPRINKLERS, ETC."
The proposed ordinance, given first reading on 04/06/93 and pub-
lished on 04/16/93, was read by title only and discussed by the
Commission. It was the consensus to move this matter to the
Agenda for the May 4th Regular Meeting.
2. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE TOWN
OF HIGHLAND BEACH, FLORIDA, CHAPTER 22 ENTITLED "SEWERS"
SECTION 22-4 ENTITLED "BILLING PROCEDURE; DELINQUENCY";
PROVIDING FOR CODIFICATION.
The above ordinance received first reading on 04/06/93 and was
published on 04/16/93. During discussion, it was noted we have an
ordinance for the Water Section and this ordinance is for the
Sewer Section of the Town Code. It was further noted the $50.00
• fee for the restoration of water service, reflected in the Water
Section only, would be applicable when the service is discontinued
as a result of failure to pay a sewer bill in a timely manner.
Following lengthy deliberation, it was the consensus to place this
matter on the May 4th Regular Meeting Agenda for further discus-
sion and possible approval.
3. AN ORDINANCE AMENDING THE TOWN CODE OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, BY THE CREATION OF CHAPTER 31
TO BE ENTITLED 'STORMWATER/NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM REQUIREMENTS", PROVIDING FOR
CODIFICATION.
The Commission discussed the proposed ordinance which was given
first reading on 04/06/93 and published on 04/16/93. It was noted
the wording of this ordinance was provided by the Environmental
Protection Agency. The ordinance was moved to the May 4th Regular
Meeting Agenda for consideration.
93.4 Discussion re May/June Newsletter
The Commission reviewed a draft of the May/June Newsletter noting
this will be the last issue for the season; the Newsletter will be
resumed in September/October. Responding to the Commission's
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Town Commission Workshop Meeting Minutes
April 27, 1993
• Page 3 of 8
concern with regard to this being the last issue, the Town Manager
advised a 'Special Bulletin' will be prepared and mailed to resi-
dents informing them of the Delray Beach Fire/Rescue Service and
the Atlantic Ambulance Transport Service contracts as soon as said
contracts are executed and in place. Addressing another concern
expressed by the Commission (i.e. the timing of the mailing may
take place when many Town residents are up North), it was noted
the 'Special Bulletin' will be clearly marked so condominium
managers will be well aware this information is very important and
must reach all residents. While this seems to be an internal mat-
ter in condominiums, the condo managers have to be responsible for
getting pertinent, vital information to their residents.
Town Manager Mariano further advised the September/October News-
letter will also contain information regarding the Delray Beach
Fire/ Rescue Service and Atlantic Ambulance Transport Service
contracts.
PRESENTATION BY PALM BEACH COUNTY STATE ATTORNEY BARRY KRISCHER
State Attorney Barry Krischer and his associate arrived at Town
Hall at 2:00 p.m. Vice Mayor Paul called upon the State Attorney
for his presentation regarding the proposed "Community Based
Prosecution" Program. Explaining the program is to organize the
37 municipalities and unincorporated areas in Palm Beach County
into seven geographical districts, with each district being
assigned to a felony division of the court where judges and
prosecutors assigned to that division would handle only cases
within their districts, State Attorney Krischer advised this plan
will bring the justice system closer to the people by allowing
judges, prosecutors, and police to become more aware of specific
crime problems in each area. The State Attorney noted he is
requesting support for this plan from municipalities in the form
of a resolution or letter which would be forwarded to the State
Attorney's Office in West Palm Beach or to Chief Judge Daniel T.
K. Hurley of the Fifteenth Judicial Circuit Court, County
Courthouse, West Palm Beach.
Following substantial discussion of the presentation by the State
Attorney, it was the consensus input from our Town Attorney and
Police Chief is required. This matter will be placed on the May
Workshop Meeting Agenda for further discussion and consideration.
MISCELLANEOUS - ITEMS LEFT OVER
Status of Building Development in Town
Members reviewed the Status of Building Development in Town, a
• report submitted by the Building Department.
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April 27, 1993
• Page 4 of 8
Minutes for approval at May 1993 Regular Meeting
Following review of three sets of Town Commission Meeting Minutes,
the consensus was to move this matter to the May 4th Regular Meet-
ing Agenda for consideration.
REPORTS - TOWN COMMISSION
Vice Mayor Bill Paul
Vice Mayor Bill Paul, under his report, noted the Government
Center (the Town Hall Complex) needs to be reviewed, as soon as
possible, with regard to the Town's long range plans. The Vice
Mayor noted the library requires more space; the Town needs to
know the length of time the Fire and Police Departments can be
used without expending funds for costly renovations. The Vice
Mayor stated, perhaps, some residents can assist the Town in the
process of developing and looking into the long range plans.
Further, the Vice Mayor, noting it has been a few years since the
bike path was repaired, stated it should be on a rotating plan for
up-grading/maintenance.
Town Manager Mariano advised the long range plan for
complex is a budgeted item; costs for consultants to
complex have been received. The overall study will
best use of all the Town's properties.
Commissioner Arthur Eypel
the total
evaluate the
include the
Commissioner Eypel also noted it is time to look into what our
needs will be and see how we can better serve the residents.
Noting, in the past, he voiced his reservations on how we project
our meetings on t.v., Commissioner Eypel stated he reached Chuck
Blaine of Adelphia Cable who advised Scott Lewis will contact the
Town Manager with regard to up-dating the equipment used to broad-
cast our meetings.
Commissioner Eypel reported on the Palm Beach Countywide Beaches
and Shores Council Meeting he attended at which meeting approval
of Highland Beach resident John Haronian's project was deferred
while approval was granted to Boca Highland for the covered
concrete sun deck.
Among items discussed at the Palm Beach Countywide Beaches and
Shores Council Meeting were: the magnitude of a beach renourish-
ment project from Sloan's Curve to Manalapan; the attempt by the
Town Commission Workshop Meeting Minutes
April 27, 1993
• Page 5 of 8
Tourist Development Commission to access the Beaches & Shores'
funds to build a stadium at the North Palm Beach High School (the
Council opposed this matter); and, a request by the Port of Palm
Beach to use a hopper dredge to pump the channel which must be
kept at 28' in order to accommodate the ships in the port (the
Council approved this request).
Commissioner John F. Rand
Commissioner Rand, noting Palm Beach County Commissioner Aaronson
invited him to participate in an Economic Summit on June 8th,
stated he will, unfortunately, be unable to attend due to a prior
commitment .
Commissioner Rand, a member of the Palm Beach County Mini Grace
Commission, attended their meeting on April 9th at which time they
discussed a proposed change in floating new bond issues for the
County.
In response to Commissioner Rand's inquiry regarding neuter
gender, the Town Manager noted Mayor Voress broached the subject
at the last Regular Commission Meeting; the matter was resolved by
amending the proposed ordinances discussed at that meeting by
• inserting "or the Town Manager's designee" in the appropriate
place.
Commissioner Rand noted receipt of a letter from the Palm Beach
County Board of Commissioners allowing the Town to terminate the
Fire/Rescue Service contract.
Commissioner Rand was advised the Boards' Secretary keeps a meet-
ing attendance record for all members; when the board chairman is
informed of a member's absence from three consecutive meetings,
the chairman handles the matter according to the by-laws of that
particular board. As this matter will be on the May Workshop
Meeting Agenda, the Town Manager directed copies of the Advisroy
Boards' by-laws be prepared and included in the Commissioners'
Agenda packet.
Commissioner Rand, citing Article 2, Sections 2-26 and 2-27,
questioned who would succeed the mayor in the event of his death,
resignation, disability, or dismissal. The Commissioner noted he
requested the Town Attorney research this matter and advise the
Commission of his findings.
Vice Mayor Paul, noting some years ago there was a situation where
members tried to anticipate what would happen if the mayor's seat
became vacant, advised the vice mayor takes over the duties of the
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April 27, 1993
Page 6 of 8
mayor creating a vacancy on the Commission that is to be filled by
the four members of the Town Commission within 30 days. Then, the
four members would appoint someone to act as mayor until the next
general election. Commissioner Rand stated he thinks the Code
indicates, in the event of temporary absence, the vice mayor would
step in; however, it does not address permanent absences.
Town Attorney Sliney, noting Article I, Section 1.06 (12) of the
Town Charter addresses this issue and the Town has utilized that
section several times, stated today's proceedings required Vice
Mayor Paul take over the duties for Mayor Voress who is absent on
a temporary basis. The Town Attorney advised, should the mayor's
office be vacated by resignation, or whatever reason, the Town
Commission would have to appoint someone to the Commission and
then elect a mayor to serve out the term until the next regular
general election.
Commissioner David Augenstein
Commissioner Augenstein reported attending a meeting on April 7th
with Town Manager Mariano and two representatives of a development
firm who have formed a venture to build on the Drexel property;
they are interested in a low density project and would like to
commence with the project as soon as permits may be issued.
Mayor Arlin Voress
Mayor Voress was absent - no report.
REPORTS - TOWN ATTORNEY
Town Attorney Sliney reported a number of documents in the Drexel
matter require execution; and, there are some necessary items of
lesser importance which remain to be taken care of--the main items
have been completed.
Alluding to comments under Commissioner Rand's Report, the Town
Attorney advised the Delray Beach Fire/Rescue Service issue is
moving along quite well; the Delray Beach Commission is reviewing
the contract at their meeting this evening and will submit said
contract as soon as they grant approval.
REPORTS - TOWN MANAGER
Regarding the evaluation of the overall Town Hall Complex, Town
Manager Mariano advised, by terminating the expensive Palm Beach
County Fire/Rescue Service contract and entering into the more
n
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Town Commission Workshop Meeting Minutes
April 27, 1993
• Page 7 of 8
affordable Delray Beach Fire/Rescue Service contract, it will be
easier for the Town to plan capital improvement projects.
Regarding Commissioner Rand's query concerning the Intracoastal
Waterway Pipeline Relocation, the Town Manager noted Florida
Department of Environmental Regulation advised, in writing, the
Town's permit application is complete; it is expected the permit
will be issued within the next 90 days.
Town Manager Mariano advised the Emergency Generator Project went
out for bids; sealed bid opening is scheduled for May 11, 1993, at
2:00 p.m. in Town Hall.
The Town Manager reported on Instrumentation and Telemetry Im-
provements for the Utilities Department; the Radio survey is
completed as is the draft Basis of Design Report. The Five-Year
Capital Plan is waiting comments from the Town; this plan will be
put before the Financial Advisory Board.
Town Manager Mariano noted we are continuing with the NPDES Storm
Water Permit (Part 2) Application, as promulgated by the Environ-
mental Protection Agency.
• At this point, the Town Manager requested direction from the Com-
mission regarding the Boca proposal presented by Ms. Seibert. It
was the consensus the Town Manager request Boca Raton formalize a
proposed agreement for consideration by our Town Commission.
In response to Commissioner Rand's inquiry regarding the status of
the bond issue, Town Manager Mariano advised the matter is going
forward and it appears the Town will not require bond insurance as
we are anticipating an 'A' rating from Moody; the entire issue
should be finalized within the first two weeks of June with prior-
ity on purchasing the new bonds being offered during a pre-order
period that will be arranged expressly for Town residents.
Town Manager Mariano reported she and Mayor Voress attended a
session on Saturday regarding local government; the program
included leadership and problem solving strategies.
The Town Manager deferred discussion regarding the Delray Beach
Fire/Rescue Contract and the Atlantic Ambulance Transport, two
Agenda items under the Town Manager's Report, to the Regular
Meeting on May 4th.
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Town Commission Workshop Meeting Minutes
April 27, 1993
Page 8 of 8
There being no further business to come before the Town Commission
at this time, Vice Mayor Paul, upon proper Motion and Second, ad-
journed the Workshop Meeting at 3:15 p.m.
APPROVED: (Absent)
Arlin Voress, Mayor
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Bi,~ Paul, Vi,.~e M~ror
Eype~,(C~mm~. s s i
Rany~i, Commi~ssi
David Augen~te.i,~i~, Commissioner
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