1993.03.02_TC_Minutes_Regularf ,..
TOWN OF HIGHLAND BEACH, FLORIDA
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Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, March 02, 1993 1:30 p.m.
The Regular Meeting of the Town Commission of the Town of Highland
Beach, Florida, was called to order in the Commission Chambers at
Town Hall at 1:30 p.m. by Mayor Joseph A. Boulay. Others present
were Vice Mayor Bill Paul, Commissioners Arlin Voress, Arthur
Eypel, and John F. Rand.
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.
Following roll call, the Pledge of Allegiance was given.
ADOPTION OF AGENDA
The Agenda, amended to include the presentation of the Town's
Annual Financial Audit Report by Haas and Diaz following Agenda
Item No. 4 (Approval of Minutes), was adopted, as amended, with-
out objection.
APPROVAL OF MINUTES
The following sets of Minutes were submitted for approval:
January 26, 1993 - Workshop Meeting
February 02, 1993 - Regular Meeting
MOTION by COMMISSIONER RAND/COMMISSIONER VORESS to accept the
above sets of Minutes as submitted received unanimous approval.
PRESENTATION OF TOWN'S ANNUAL FINANCIAL AUDIT REPORT
Mr. Charles Haas and Ms. Debra Diaz of Haas and Diaz, the Town's
Auditors, presented the Commission with the Town's Annual
Financial Audit Report and advised Commissioners may call their
office if they have questions regarding this lengthy report. Not-
ing the report is a very comprehensive document, the Auditors
prepared a "Financial Highlights" handout citing items they wanted
to bring to the attention of the Commission. It was noted Finance
Director Michael Seaman received national recognition for last
year's Financial Audit Report and the Auditors are happy to assist
Mr. Seaman in that endeavor this year. The Auditors advised they
reviewed this detailed, complete report with the Members of the
Financial Advisory Board at which time the FAB's questions were
addressed.
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Town Commission Regular Meeting Minutes
March 03, 1993
Page 2 of 8
At this time, Ms. Diaz briefly explained the handouts the Auditors
distributed at this meeting which included graphs pertaining to
Revenues, Expenditures, Revenues and Expenditures, and Water &
Sewer Operations. Ms. Diaz suggested Members, following their
review of the detailed report, call the Auditors Office to discuss
any questions they may have. Ms. Diaz extended congratulations to
Finance Director Michael Seaman for his efforts regarding this
report.
The Mayor noted it would be appropriate for Finance Director
Michael Seaman to stand up and be recognized for a job well done.
Mayor Boulay thanked the Auditors for their attendance at this
meeting.
PUBLIC COMMENTS AND REQUESTS
Dr. Ray Murphy of 4023 South Ocean Boulevard addressed the Commis-
sion to thank the Members for doing an excellent job in governing
our Town.
Mr. Jose Echeverria of Russell Drive, noting he has served as the
Town's representative on the Palm Beach County Beaches and Shores
Council for the last three years, advised the Commission he is
• ready to resign his position. Mr. Echeverria advised the March
Meeting of the Beaches and Shores Council will be his last meeting
and he will gladly take the new representative to said meeting to
introduce him to said Council.
Mr. Echeverria, head of the Highland Beach Turtle Program, advised
legislation will change the start of the Turtle Season to April 1;
said season will commence on April 1 and run through October 31.
Noting there is much cooperation regarding the Turtle Program, Mr.
Echeverria specifically commended the Highland Beach Police
Department for enforcing the 'Lights out Ordinance' during turtle
season. Mr. Echeverria noted a seminar is being planned by Gumbo
Limbo, Boca Raton, and all are invited to join this program on
turtles.
Noting many people are using the trash containers to deposit
debris, Mr. Echeverria stated the Town beach clean-up is coming
along nicely. Mr. Echeverria commended Ted Hanna, Maintenance
Department Supervisor, and his men for doing a fine job emptying
our trash containers.
Mr. Echeverria, alluding to a recent problem with seabirds on our
beaches, requested anyone seeing a dead or ill seabird call him so
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Town Commission Regular Meeting Minutes
March 02, 1993
Page 3 of 8
he can get the 'rings' off those seabirds and forward same to
Tallahassee.
Noting the beach clean-up in Highland Beach is an on going
program and volunteers are always needed, Mr. Echeveria thanked
Mayor Boulay for his support during these last three years.
Mr. Leonard Bell of 2727 South Ocean Boulevard welcomed the Mayor
back following recent surgery. Mr. Bell requested the matter of
the 'sale' signs on the RTC property be addressed by our Town
Attorney during his report. Mr. Bell, noting he would like some
answers (in preparation for the Villa Magna Board Meeting) for
residents who have questioned why the Town Manager was opposed to
a Town Election and, should the Town terminate its contract with
Palm Beach County Fire/Rescue Service, will the quality of the
service be maintained or be better than what is presently provided
to our residents. It was noted Mr. Bell's inquiries will be
addressed under reports of the Town Attorney and Town Manager.
REPORTS - TOWN COMMISSION
At this time, Mayor Boulay extended thanks to Vice Mayor Paul for
doing a great job in conducting the Commission Meetings in his
• absence. The Mayor, noting he watched two meetings on cable,
stated same came through very well over Channel 12.
Vice Mayor Bill Paul
Vice Mayor Bill Paul reported the March of Dimes Mini-walk in
Highland Beach is set for Saturday, April 03, 1993. Noting it
would be great to have a team from each homeowners association and
condominium participating in this event, the Vice Mayor advised
information will be available at Town Hall this coming week. The
Vice Mayor advised Ms. Jan Sheller of Trafalger Condominium is
Chairing this fund raiser for the March of Dimes.
Vice Mayor Paul, noting the hurricane season is just three months
away, stated too many people do not take this matter seriously
despite the recent devastating effects of Hurricane Andrew; many
have a false sense of security. It was noted Highland Beach
residents complied with the county mandate to evacuate the Town
during Hurricane Andrew.
With regard to hurricane preparedness, Vice Mayor Paul cited an
ordinance adopted by the City of Hallandale requiring the removal
of loose objects from balconies. It was suggested this may be a
matter for discussion at the next Condo Managers' Meeting.
Town Commission Regular Meeting Minutes
March 02, 1993
. Page 4 of 8
Commissioner Arlin Voress
Commissioner Arlin Voress, under his report, alluding to the Vice
Mayor's comments on hurricane preparedness, noted the Town had a
better than 95~ compliance with the mandated evacuation order
during Hurricane Andrew. The Commissioner noted the staff looked
at the areas needing improvement (i.e. emergency generators for
the Fire and Police Station, etc.) and is now in the process of
implementing necessary changes.
Commissioner Arthur Eypel
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Commissioner Arthur Eypel extended a welcome to Mayor Boulay on
his return to the Commission following his heart surgery.
Commissioner Eypel reported, through the efforts of Chief Cecere,
the Holiday Inn has agreed to install safes in each room in the
motel to help deter the rash of thefts.
Commissioner Eypel acknowledged receipt of a letter from Ms.
Catherine Wolff of Villa del Alto Homeowners' Association
regarding a "No Wake" zone in the Intracoastal Waterway at the
South end of Town and noted he responded by mail to assure Ms.
Wolff her concern, discussed in the past, will again be addressed
in the near future.
Regarding Fire/Rescue Services, Commissioner Eypel, noting this
matter has been discussed in depth, stated we are trying to save
tax dollars but, at no time, would we consider having a service
that is less than what we are presently receiving from Palm Beach
County.
To briefly respond to Mr. Bell's query regarding Fire/Rescue
Services, Commissioner Eypel advised, within the next few weeks,
Delray Beach Fire Chief Koan will have cost figures for providing
such services to our residents. The Town is moving in the right
direction to obtain information that will enable us to determine
what course is best for our Town.
Commissioner Eypel thanked Mr. Jose Echeverria for his contribu-
tion to Highland Beach as the Town's representative on the Palm
Beach County Beaches and Shores Council where he served in a first
rate manner.
At this time, Commissioner Eypel urged each and everyone to come
out on Tuesday, March 09, to cast their vote in the Municipal
Election.
Town Commission
March 02, 1993
• Page ~5 of 8
Regular Meeting Minutes
Commissioner John F. Rand
Commissioner John F. Rand, alluding to Dr. Murphy's comments
earlier in the meeting, stated this Commission is only as good as
the residents it serves, particularly pertaining to resident Jose
Echeverria who is one of the most dedicated and unselfish men in
our Town; we are fortunate to have a man of his integrity to serve
our Town.
Regarding Mr. Leonard Bell's quest for an answer to a query posed
to him as to why the Town Manager is opposed to the up-coming
election, Commissioner Rand, noting that was ridiculous, advised
the Town Manager was opposed to holding a Municipal Election for
the purpose of presenting a referendum on term limitations for
elected officials if there were no oppositions to the qualifying
candidates for elected office as such election would not generate
the interest of the voters; following discussion of this matter,
it was the consensus to postpone the referendum to the next
general election should this 1993 Municipal Election be unneces-
sary due to lack of candidates' opposition.
Commissioner Rand advised the Fire/Rescue issue has been discussed
in depth; however, while the Town is trying to save tax dollars,
• at no time would the Town consider having a service that is less
than what its residents have been receiving from Palm Beach
County.
Mayor Joseph A. Boulay
Noting this will be his last report after serving two terms as
Mayor of the Town, Mayor Boulay stated he has some pleasant duties
to attend to: one is the presentation of a certificate from the
Florida Institute of Goverment to Town Clerk Anne M. Kowals for
completing a three year course for Certified Municipal Clerk
designation; and, the second is the presentation to the Town
recognition as a "Tree City USA for 1992" from the National Arbor
Day Foundation. Noting the Town has received this award every
year since 1988, the Mayor stated the guiding force behind the
first award was former Mayor Betty Jean Stewart. Mayor Boulay,
noting residents are proud of our "Tree City USA" and of keeping
our Town beautiful, congratulated all for their efforts in regard
to said award.
Mayor Boulay, reiterating this is his last official report, ex-
tended thanks to all who helped him along the way while he was in
office. He also thanked all for their concern, good wishes,
cards, and calls during his recent surgery. The Mayor further
thanked staff for their cooperation, honesty, and hard work during
his term in office.
Town Commission Regular Meeting Minutes
March 02, 1993
• Page 6 of 8
REPORTS - TOWN ATTORNEY
Town Attorney Thomas E. Sliney, under his report, alluding to
resident Leonard Bell's comment regarding Keyes Realty Signs on
the RTC Property in Town, advised the property has been listed for
sale, through RTC's Kansas City Office, for 17.5 million dollars.
The Town Attorney advised said property is in litigation and
presently before the 11th Circuit Court of Appeals in Atlanta.
REPORTS - TOWN MANAGER
Town Manager Mary Ann Mariano reported Keyes Realty did not obtain
the necessary permit for the sign placed on the RTC Property. The
Town Manager noted Building Department Secretary Ethel Lenhardt
keeps a close watch on the signs posted in Town to make certain
required permits have been obtained; Keyes Realty has been advised
they must apply for a sign permit.
The Town Manager reported she visited all Palm Beach County Repre-
sentatives and Aides in Tallahassee on Legislators' Action Day.
It was noted the funding for the CCCL issue has been recommended
and approved by the Senate and House Appropriations Committees;
there seems to be no oppositon for approval of the DNR's request
• for funding. Representatives Hanson, Merchant, and Sanderson have
been working diligently on this matter.
With regard to Fire/Rescue, the Town Manager advised she has been
working with the Board of County Commissioners relative to 'opt
out dates' for our current contract. Noting we are awaiting
figures from Delray Beach (which we feel will be to our benefit)
before we can act to opt out of the Palm Beach County Fire/Rescue
contract, Town Manager Mariano advises the quality of service will
be equal to or higher than we are presently receiving from Palm
Beach County.
It was noted in Tallahassee it appears the Public Service Commis-
sion rate structure bill will be defeated; however, Town Manager
Mariano suggested the proposed resolution on the agenda for
consideration pertaining to this matter be adopted and copies of
same forwarded to appropriate parties.
Regarding hurricane preparedness, the Town Manager advised a
number of changes have been put in place since Hurricane Andrew:
bids are out for reserve generator for Police/Fire Departments, a
four-wheel drive was obtained for the island, the Police Depart-
ment purchased additional equipment, etc. Town Manager Mariano
stated an ordinance providing for removal of objects from balco-
nies should be considered.
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Town Commission Regular Meeting Minutes
March 02, 1993
• Page 7 of 8
Town Manager Mariano informed the Commission the Condo Managers
will be meeting at Town Hall on Wednesday, March 03, to discuss
Adelphia Cable's most recent contract with Coronado Condominium.
Regarding this matter, it was noted Mr. Chuck Blaine of Adelphia
advised the Town should not be involved in the cable contracts
between Adelphia and the various condominiums. The Town Manager
assured Mr. Blaine when the next Adelphia contract with the Town
is up for consideration, the bottom line would be considered but
so would the Adelphia promises that were not kept.
Regarding a statement made under Public Comments and Requests, the
Town Manager advised she never opposed a Town Election where each
candidate made an honest effort to campaign for elected office;
however, she did inform the Town Commission it would be inadvis-
able to hold an election for the sole purpose of a referendum as
it would be costly to the Town and such election would not draw
the attention of the Town's registered voters. Elections where
candidates make their issues/platforms know during campaigns have
been, are, and always will be encouraged by the Town Manager.
Commissioner Voress stated he received calls from residents who
advised they were informed by personnel in the Fire Station that
said station will be closing in October if the Town opts to change
its Fire/Rescue Services. The Commission emphatically assured the
residents the Fire Station will continue to be manned 24 hours per
day--it is absolutely incorrect for anyone to state the Town will
close the Fire Station. It was suggested Town Manager Mariano
write Palm Beach County Fire Chief Herman Brice to apprise him of
this matter and request his personnel stop circulating false
information. The Town Manager advised Delray Beach will have a
fire truck and rescue vehicle staffed with paramedics in our Town
Fire Station. Following the suggestion to place a brief message
on Channel 12 and in the newsletter to assure residents the Fire
Station will remain open, Town Manager Mariano advised this matter
will be handled through the Condo Managers Meeting on Wednesday,
March 03; a final resolution to Fire/Rescue Service may, in fact,
be included in the next newsletter.
During discussion, it was noted many residents depend on their
condo managers for information and, during the last hurricane, the
condo managers worked very close with the Town staff. It was
further noted Chief Cecere distributes up-dated hurricane inform-
ation packets to condo managers for distribution to all residents.
REPORTS - BOARDS AND COMMITTEES
Mayor Boulay noted the scheduled meetings of the various Town
Advisory Boards and Committees.
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Town Commission Regular Meeting Minutes
March 02, 1993
• Page 8 of 8
PROPOSED ORDINANCES AND RESOLUTIONS
1. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, OBJECTING TO A PROPOSED STATEWIDE RATE
STRUCTURE AND TERRITORIAL DISPUTE JURISDICTION OF THE FLORIDA
PUBLIC SERVICE COMMISSION OVER GOVERNMENTAL WATER AND SEWER
UTILITY SYSTEMS, AND PROVIDING AN EFFECTIVE DATE.
Following brief discussion, MOTION by COMMISSIONER VORESS/VICE
MAYOR PAUL to adopt the Resolution was approved with "AYE" votes
cast by Commissioners Voress, Eypel, Rand, Vice Mayor Paul, and
Mayor Boulay.
REGULAR BUSINESS
Items Left Over
None
Consent Agenda
1. Approval of Poll Workers for the March 09, 1993
Municipal Election
VICE MAYOR PAUL/COMMISSIONER VORESS MOVED to adopt the Consent
Agenda. The MOTION carried without objection.
ADJOURNMENT
There being no further business to come before the Town Commission
at this time, upon proper MOTION, Mayor Boulay adjourned the
Regular Meeting of the Town Commission at 2:50 p.m.
APPROVED:
Commissiondr Art ur Eypel
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Co r ohn F. and;
Attest: v4
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'~oseph A`.~/ Boulay, Mayor
B' 1 Paul, Vice Mayor
Commissioner Arlin Voress
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